FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Robert S. Wylie and The Round Hill Association, Inc.,
against Docket #FIC 91-6
Assessor's Office, Town of Greenwich,
Respondent June 26, 1991
The above-captioned matter was heard as a contested case on February 11 and April 15, 1991, at which times the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. JMB Realty was made an intervenor with full rights of participation.
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 letter of complaint filed January 15, 1991, the complainants alleged that the respondent failed to permit inspection of certain records pertaining to a town-wide reassessment conducted in 1989.
3. The respondent provided access to and copies of numerous records requested by the complainants.
4. At the hearing the complainants and the respondent agreed that the only outstanding legal issue remaining to be resolved was whether fifty worksheets used to calculate the value of fifty randomly selected commercial properties for the purposes of the property reevaluation were exempt from disclosure pursuant to 1-19 and 12-63c(b), G.S.
5. It is found that 12-63c(b), G.S., provides an exemption to disclosure under 1-19(a), G.S., for information required by the assessor and submitted to him which is
Docket #FIC 91-6 Page 2
"related to actual rental and rental-related income and operating expenses with respect to the use of any real property used primarily for the purpose of producing rental income."
6. It is found that the worksheets which disclose information which is exempt from disclosure pursuant to 12-63c(b), G.S., either expressly or by inference, are also exempt from disclosure pursuant to 1-19(a), G.S.
7. It is found that while this matter was pending, the respondent notified the owners of the fifty randomly selected commercial properties to let them indicate whether or not they objected to disclosure of the work sheets on their properties.
8. It is found that while some of the owners of the commercial properties which are the subject of the fifty randomly selected worksheets have consented to disclosure of the worksheets, most would prefer that the worksheets be kept confidential.
9. It is found that the respondent has agreed to provide the complainants with those worksheets on commercial properties with respect to which there is no objection to disclosure.
10. It is found that some of the worksheets contain the actual rental and operating expenses which are exempt, while others contain more generalized information derived from the rent and the rental and operating expenses of many similar properties.
11. It is found that the respondent is not completely certain which of the worksheets reflect the actual rental and rental-related income and operating expenses of the property owners, although at least one of the objections to disclosure received by the respondent establishes clearly that the contents of the worksheet disclose information exempted from disclosure by 12-63c(b), G.S.
12. It is found that the respondent can determine which of the worksheets contain exempt information either by review of its own records or by communicating with the taxpayers who have the information.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
Docket #FIC 91-6 Page 3
1. The respondent shall forthwith provide the complainants with the requested worksheets with respect to which the property owners have no objection.
2. With respect to the remainder of the worksheets, the respondent shall forthwith determine whether the worksheets contain material submitted pursuant to 12-63c(b), G.S.
3. The respondent shall forthwith disclose the worksheets or the portions of worksheets which do not disclose, expressly or by implication, the actual data supplied by the commercial property owners which is exempt from disclosure pursuant to 12-63c(b), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of June 26, 1991.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 91-6 Page 4
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:
ROBERT S. WYLIE and THE ROUND HILL ASSOCIATION, INC.
c/o James C. Riley, Esq.
Whitman & Ransom
Two Greenwich Plaza
P.O. Box 2250
Greenwich, CT 06836
ASSESSOR'S OFFICE, TOWN OF GREENWICH
c/o Eugene F. McLaughlin, Jr., Esq.
Law Department, Town Hall
101 Field Point Road
P.O. Box 2540
Greenwich, CT 06836-2540
JMB REALTY, Intervenor
c/o J. Charles Mokriski, Esq.
Day, Berry & Howard
Hartford, CT 06103
Debra L. Rembowski
Acting Clerk of the Commission