FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1996-585
July 9, 1997

In the Matter of a Complaint by John W. Pillar, Complainant
against
Salvatore M. Pandolfo, Finance Director, Town of Groton, Respondent

The above-captioned matter was heard as a contested case on April 18, 1997, 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, on September 19, 1996, the complainant made an oral request to the respondent for information concerning cost and other particulars relating to conferences and seminars attended by municipal employees during fiscal years 1993 and 1994.

3. It is found that, by letter dated November 15, 1996, following earlier periodic reports to the complainant concerning his request, the respondent forwarded a report to the complainant addressing the request for fiscal year 1993, and also, specifically declined to create a similar report for fiscal year 1994 on the grounds that the research effort would be "too time consuming."

4. By letter dated December 3, 1996, and filed on December 9, 1996, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information Act by refusing to provide the complainant with the requested information for fiscal year 1994.

5. It is found that in order to respond to the complainant’s request, the respondent would have to research its files, compile the information requested and create a new record.

6. It is concluded that nothing in the Freedom of Information statutes requires a public agency to research its files, compile requested information or create a record not in existence.

7. It is, therefore, concluded that the respondent did not violate the Freedom of Information Act by not fully complying with the complainant’s request for information, as set forth in paragraph 2, above.

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 July 9, 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:

John W. Pillar
PO Box 547
Groton, CT 06340

Salvatore M. Pandolfo, Finance Director, Town of Groton
c/o Susan M. Phillips, Esq.
Suisman, Shapiro, Wool, Brennan & Gray, PC
2 Union Plaza
PO Box 1591
New London, CT 06320

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC 1996-585/FD/eal/07231997