FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Marvin Weiss,

 

Complainant

 

against Docket #FIC 91-73

 

Woodlake Municipal Tax District,

 

Respondent September 11, 1991

 

The above-captioned matter was heard as a contested case on April 25, 1991, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This case was consolidated for hearing with docket numbers FIC 90-491, 91-74, 91-75, 91-76 and 91-77.

 

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 February 14, 1991, the complainant appealed to the Commission, alleging that his request for records was denied.

 

3. It is found that the complainant requested copies of: (a) a proposed revised maintenance contract between the respondent and the condominium association of which the complainant is president; (b) a proposed letter from the respondent to the complainant, and (3) handwritten notes made by members of the respondent at one of the respondent's meetings.

 

4. It is concluded that the requested records are public records within the meaning of 1-18a(d), G.S.

 

5. It is found that the requested notes are notes within the meaning of 1-19(b)(1), G.S.

 

6. It is found that the respondent determined that the public interest in withholding the requested notes clearly outweighed the public interest in their disclosure.

 

7 It is concluded that the requested notes are permissibly exempt from disclosure pursuant to 1-19(b)(1), G.S.

 

8. It is found that the requested letter and contract consist of suggestions by a member of the respondent for some possible terms of a proposal to negotiate the existing maintenance contract with the condominium association.

 

Docket #FIC 91-73 Page 2

 

9. It is found that the requested letter and contract are preliminary drafts within the meaning of 1-19(b)(1), G.S.

 

10. It is found that the respondent determined that the public interest in withholding the requested letter and contract clearly outweighed the public interest in their disclosure.

 

11. It is concluded that the requested letter and contract are permissibly exempt from disclosure pursuant to 1-19(b)(1), G.S.

 

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

 

1. The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 11, 1991.

 

 

Karen J. Haggett

Clerk of the Commission

 

Docket #FIC 91-73 Page 3

 

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:

MARVIN WEISS

Seven Upper Commons

Woodbury, CT 06798

 

JAMES P. HARAN, ESQ.

JOSEPH P. FASI, ESQ.

Robinson & Cole

One Commercial Plaza

Hartford, CT 06103-3597

 

 

Karen J. Haggett

Clerk of the Commission