FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1997-054
October 22, 1997

In the Matter of a Complaint by David Royce, Complainant
against
First Selectman, Town of Westport; and Assessor, Town of Westport, Respondents

The above-captioned matter was heard as a contested case on August 18, 1997, at which time the complainant and the respondents appeared, 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 March 19, 1997, the complainant requested in writing that the respondents make available a "revised town-wide real estate revaluation report which was and is the final 1996 work product of the town’s contractor, Vision Appraisal Technology…."

3. Having failed to receive a copy of the requested record within four business days, the complainant appealed to the Commission by notice of appeal dated March 27, 1997, and filed with the Commission on March 31, 1997.

4. The respondents contend:

that no report exists which is responsive to the complainant’s request; and

b. that the only records provided to the respondents by Vision Appraisal Technology were a series of approximately 10,000 field assessment cards.

5. The respondents represent that the field assessment cards are available for inspection or copying by the complainant and the public in accordance with the requirements of the Freedom of information Act.

6. It is found that the field assessment cards cannot reasonably be deemed to fall within the ambit of the complainant’s request, as set forth in paragraph 2, above, and further that no record exists which is responsive to the complainant’s request, as set forth in paragraph 2, above.

7. It is therefore concluded that the respondents did not violate the provisions of 1-19(a), G.S. with respect to the requested record more fully described 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 October 22, 1997.

_________________________
Doris V. Luetjen
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:
David Royce
387 Main Street
Westport, CT 06880

First Selectman, Town of Westport; and Assessor, Town of Westport
c/o Andrew Fink
257 Riverside Avenue
Westport, CT 06880

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-054/FD/tcg/10221997