FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Marie A. Kamens,

 

Complainant

 

against Docket #FIC 91-115

 

Wayne Dove, Winchester Town Manager,

 

Respondent October 9, 1991

 

The above-captioned matter was heard as a contested case on August 5, 1991, 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 letter of complaint dated May 3, 1991 the complainant alleged that the respondent failed to provide her with copies of records within four business days, as required by 1-21i, G.S.

 

3. It is found that the complainant requested copies of a proposed job description and copies of a resolution creating a combined job by letter dated April 24, 1991.

 

4. It is found that the respondent received the complainant's letter on April 26, 1991.

 

5. It is found that the respondent instructed his executive secretary to send the existing job descriptions to the complainant on the Monday following receipt of the complainant's request.

 

4. It is found that the existing job descriptions were prepared for mailing on Friday, May 3, 1991, but that they were not actually put through the postal meter until May 6, 1991.

 

5. It is found that at the time the request was made the respondent was extremely busy with budget matters.

 

6. It is found that the respondent neglected to include a

 

#FIC 91-115 Page Two

 

cover letter in the envelope mailed to the complainant; consequently the complainant did not understand that he did not have either the new combined job description or the resolution creating the combined job, because the new job description was still being negotiated.

 

7. It is concluded that the respondent provided the only records he had promptly within the meaning of 1-19a, G.S.

 

8. It is further concluded that 1-21i, G.S., has not been violated by the respondent, because that section merely sets a time frame in which a complaint to this Commission may be filed.

 

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.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 9, 1991.

 

 

Karen J. Haggett

Clerk of the Commission

 

#FIC 91-115 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:

Marie A. Kamens

3 Hamill Drive

Winsted, CT 06098

and c/o

David A. Moraghan, Esq.

Smith, Keefe, Conti & Moraghan

P.O. Box 1146

179 Water Street

Torrington, CT 06790

 

Wayne Dove, Winchester Town Manager

c/o Mark J. Svonkin, Esq.

Harding & Svonkin

18 North Main Street

West Hartford, CT 06107

 

Karen J. Haggett

Clerk of the Commission