FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Steven Edelman,

 

                                Complainant

 

                against                   Docket #FIC 95-206

 

Walter Pawelkiewicz, Windham First Selectman,

 

                                Respondent                          February 28, 1996

 

                The above-captioned matter was heard as a contested case on January 11, 1996, 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 dated June 19, 1995, and filed June 21, 1995, the complainant appealed to the Commission alleging that certain records requested from the respondent in May 1994, which he was informed did not exist at that time, were available for his review on June 16, 1995.

 

                3.  It is found that the complainant has not alleged a denial of access to public records within thirty days of the complaint filed in this matter.

 

                4.  It is concluded therefore that the Commission lacks jurisdiction to address the complainant's appeal.

 

                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 February 28, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-206                                             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:

Steven Edelman

Frog Pond

Windham Center, CT 06280

 

Walter Pawelkiewicz, Windham First Selectman

c/o Richard S. Cody, Esq.

P.O. BOx 426

21 East Main Street

Mystic, CT 06355

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission