FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1996-183
February 13, 1997
In the Matter of a Complaint by Marc Mittaud, Complainant
against
Peter Lawson, First Selectman, Town of Canaan; Louis Timolat, Second Selectman, Town of Canaan, Respondents

The above-captioned matter was heard as a contested case on November 14, 1996, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.

2. By letter dated February 14, 1996, to the town clerk, the complainant requested that she produce copies of documents listing town employees, their positions and job descriptions, rates of pay, and the overtime policies and wage structures pertaining to their jobs, including any policy letters regarding those topics.

3. By letter dated February 22, 1996, and filed on February 26, 1996, the complainant appealed to the Commission alleging that the town clerk had submitted his request to the respondents and that they had violated the Freedom of Information ("FOI") Act by denying his request.

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

5. It is found that at the time of the complainant’s inquiry, the town clerk provided him with the documents that were responsive to his request.

6. It is found that the town clerk believed that the complainant had been provided with all records responsive to his request.

7. It is found that the respondents do not maintain any records additional to those provided by the town clerk responsive to the complainant’s request.

8. It is found that no existing records responsive to the complainant’s request were denied to the complainant by either the respondents or the town clerk.

9. It is concluded that under the facts of this case, the respondents are not in violation of the provisions of the FOI Act.

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 13, 1997.

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission

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:

Marc A. Mittaud
43 Dublin Road
Falls Village, CT 06031

Peter Lawson, First Selectman, Town of Canaan; Louis Timolat, Second Selectman, Town of Canaan
c/o Judith Dixon, Esq.
Dixon & Brooks
45 Center Street
Winsted, CT 06098

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC1996-183/FD/eal/02211997