FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by Final Decision

 

Marvin Weiss,

 

Complainant

 

against Docket #FIC 91-75

 

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, 91-73, 91-74, 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 21, 1991, the complainant appealed to the Commission, alleging that his request for information about a budget item was denied.

 

3. It is found that by letter dated February 12, 1991, the complainant requested certain information concerning extermination funds.

 

4. It is found that the complainant's request, although worded as a request for information about a single line-item account, refers to statements that the respondent's president made in response to questions about different line items in different program funds.

 

5. It is found that the complainant's request is more in the nature of a request for information and clarification than a request for records.

 

6. It is found that the respondent replied to the complainant's request by letter dated March 11, 1991, explaining the reason for the delay in the response and explaining the two different funds referred to in the president's statements.

 

7. It is concluded that the respondent did not violate the Freedom of Information Act by attempting to answer the complainant's request.

 

Docket #FIC 91-75 Page 2

 

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 91-75 Page 2

 

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