FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by Final Decision

 

William J. Choma, Jr.,

 

Complainant

 

against Docket #FIC 92-54

 

Princess Pocotopaug Association,

 

Respondent May 13, 1992

 

The above-captioned matter was heard as a contested case on March 23, 1992, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing with Docket #FIC 91-323, William J. Choma, Jr. v. Princess Pocotopaug Association.

 

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, 1992, the complainant appealed to the Commission, alleging that his request for copies of the respondent's records of certain legal expenditures had been denied.

 

3. It is found that the complainant requested by telephone call to the respondent's secretary on January 25, 1992 the records of the lawyers' fees and court costs paid by the respondent in connection with a certain manner concerning mobile homes.

 

4. It is found that the respondent's secretary indicated during that conversation that she would provide the requested records after the information had been entered into the respondent's computer.

 

5. It is found that the respondent subsequently denied the complainant's request on February 8, 1992, when the complainant renewed his request.

 

6. It is found that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

7. It is concluded that the respondent violated 1-15 and 1-19(a), G.S., by failing to provide copies of the requested records promptly upon request.

 

Docket #FIC 92-54 Page 2

 

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

 

1. The respondent shall forthwith provide to the complainant copies of the records described in paragraph 3 of the findings, above.

 

2. Henceforth the respondent shall strictly comply with the requirements of 1-15 and 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 13, 1992.

 

 

Karen J.Haggett

Clerk of the Commission

 

Docket #FIC 92-54 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:

WILLIAM J. CHOMA, JR.

20 Namonee Trail

East Hampton, CT 06424

 

LEROY JONES, ESQ.

Jones, Cipriano & Cipriano

1220 Whitney Avenue

Hamden, CT 06517

 

 

Karen J.Haggett

Clerk of the Commission