FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Carmine S. Stramaglia,  

Complainant

 

against

Docket #FIC 1996-289

Tax Collector, City of Torrington,  

Respondent

March 19, 1997

The above-captioned matter was heard as a contested case on December 27, 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. It is found that approximately one week prior to July 23, 1996, the complainant requested that the respondent provide him with access to certain records pertaining to the complainant’s home (hereinafter "requested records"), and at that time was informed by a clerk that such records were in the respondent’s office and had to be obtained from the respondent’s attorney.

3. Having failed to receive access to the requested records, the complainant, by letter dated and filed on July 23, 1996, appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by denying him access to the requested records.

4. At the hearing on this matter, the complainant indicated that he wants access to all records pertaining to the respondent’s tax sale of the complainant’s home and the vacating of such sale, including the name of the successful bidder, the check paid and records of the entire money trail pertaining to the sale and the vacating of the sale.

5. The respondent contends that he had previously provided the complainant with access to all of the requested records.

6. It is found that on June 24, 1996, in connection with a court discovery request made by the complainant, the respondent provided the complainant with copies of records of taxes, fees and costs allegedly due and owing by the complainant.

7. It is found however, that the records provided to the complainant and described in paragraph 6 of the findings, above, are not responsive to the complainant’s records request now at issue in this appeal.

8. It is found that the respondent maintains records responsive to the complainant’s request described in paragraphs 1 and 4 of the findings, above, and such records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

9. It is concluded that the respondent violated 1-19(a), G.S., when he failed to provide the complainant with access to the requested records described in paragraphs 1 and 4 of the findings, above.

10. Prior to the adjourment of the hearing on this matter, the respondent indicated that he would provide the complainant with access to the requested records described in paragraphs 2 and 4 of the findings, above.

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 the complainant with access to the requested records as more fully described in paragraphs 2 and 4 of the findings, above.

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

Approved by Order of the Freedom of Information Commission at its regular meeting of March 19, 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:

Carmine S. Stramaglia
302 Cliffside Drive
Torrington, CT 06790

John Reid Logan, Esq.
Sullivan, Reis, Sanchy & Logan
9 Mason Street
Torrington, CT 06790-5380

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC1996-289/FD/eal/03251997