FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Francis S. Rotella

 

Complainant

 

against Docket #FIC 89-79

 

Meriden City Clerk

 

Respondent August 23, 1989

 

The above-captioned matter was heard as a contested case on July 18, 1989, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1. The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

2. By writing dated February 9, 1989, the complainant requested a copy of the Code of the City of Meriden (hereinafter designated "code") from the respondent, which request was accompanied by a statement that the complainant was indigent and that any fee for a copy should accordingly be waived.

 

3. By letter dated February 16, 1989 and filed with this Commission on March 2, 1989, the complainant alleged that he was denied his request for a copy of the code free of charge and that he was entitled to a free copy due to his status as an indigent.

 

4. It is found that prior to the complainant's request, the respondent had determined that the complainant qualified for indigent status in accordance with criteria set by the respondent's office.

 

5. It is found that the code is a public record within the meaning of 1-18a(d), G.S.

 

6. It is found that the code is available for purchase by members of the general public.

 

Docket # FIC89-79 Page 2

 

7. It is found that the code, which consists of approximately 1,400 pages, is available for the complainant's use free of charge at the respondent's office Monday through Friday from 9am to 5pm.

 

8. It is further found that the code is available for the complainant's use free of charge at the Meriden Public library between the hours of 10am and 9pm Monday through Friday in addition to weekend hours.

 

9. It is found that under the circumstances of this case, copies of this public record were provided for the complainant's use free of charge.

 

10. It is concluded that under the circumstances presented, there is no reason to grant relief to the complainant in this case.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

1. The complaint is hereby dismissed.

 

2. The Commission notes that if the complainant requests a copy of the code additional to those provided for his use free of charge, the respondent is entitled to charge the complainant for such copy in accordance with the Freedom of Information Act.

 

PURSUANT TO 4-180(c) C.G.S THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

FRANCIS S. ROTELLA

55 Willow Street South

Meriden, CT 06450

 

MERIDEN CITY CLERK

c/o Alfred L. Fordiani, Esquire

142 East Main Street

Meriden, CT 06450

 

Approved by order of the Freedom of Information Commission at its regular meeting of August 23, 1989.

 

 

Tina C. Frappier

Acting Clerk of the Commission