FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Rose Fortuna,
Complainant,
against Docket #FIC 89-348
Town of Middletown Director of Health and Middletown Sanitarians,
Respondents August 8, 1990
The above-captioned matter was heard as a contested case on February 5 and March 12, 1990, at which times the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.
2. On August 29, 1989, the complainant requested in person that the respondents provide her with copies of store permits, vending truck permits, vendor registrations, records of fees paid, and complaints filed from 1982 to 1989 concerning James and Joseph Vecchitto's lemon ice business. The complainant also requested a copy of a letter allegedly sent from the State Department of Health to the respondent indicating how to dispose of old permit records.
3. By letter filed with the Commission on September 13, 1989, the complainant alleged that the respondents denied her access to the records she requested.
4. It is found that the complainant has received already copies of some 46 pages of the documents she requested from the respondents.
5. It is found that some of those copies are difficult to read because they are copies of poor copies and that the originals are maintained by public agencies other than the respondents.
Docket #FIC 89-348 Page Two
6. It is further found that the complainant did not receive all the records requested for each year indicated because the respondents destroyed many of the records after receiving the necessary permission from the state public records administrator.
7. It is found, therefore, that no relevant records other than those already provided to the complainant exist.
The following order of the Commission is hereby recommended on the basis of the complete record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
2. The Commission reminds the complainant that for those copies of records she has that are difficult to read she may seek copies from the public agencies who have the original documents.
Approved by order of the Freedom of Information Commission at its regular meeting of August 8, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 89-348 Page Three
PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
ROSE FORTUNA
19 Cherry Street
Middletown, CT 06457
TOWN OF MIDDLETOWN DIRECTOR OF HEALTH AND MIDDLETOWN SANITARIANS
c/o Trina A. Solecki, Esq.
City Attorney's Office
245 DeKoven Drive
P.O. Box 1300
Middletown, CT 06457
Tina C. Frappier
Acting Clerk of the Commission