FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Kurt Laaser,

 

 

Complainants

 

 

against

 

Docket #FIC 1997-285

Tax Collector, Town of Lebanon,

 

 

Respondents

February 18, 1998

        The above-captioned matter was heard as a contested case on November 20, 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(1), G.S. (prior to October 1, 1997, 1-18a(a), G.S.).

        2. On June 12, 1997, the complainant requested that the respondent provide him with records pertaining to a certain property in Lebanon.

        3. By letter dated June 16, 1997, and filed with the Commission on June 19, 1997, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information Act by denying him access to the requested documents.

        4. It is found that the requested records are public records within the meaning of 1-18a(5), G.S. (prior to October 1, 1997, 1-18a(d), G.S.) and 1-19(a), G.S.

        5. The respondent does not dispute the fact that the requested records are subject to mandatory disclosure and contends that the complainant was given access to the records at the time of his June 12, 1997 request.

        6. Conflicting testimony was presented at the hearing regarding what transpired at the respondent’s office on June 12, 1997; however, it is found that tempers flared at such time.

        7. Nevertheless, it is further found that the respondent proved that the requested records were provided to the complainant on June 12, 1997.

        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 18, 1998.

_________________________
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:
Kurt Laaser
1315 Exeter Road
Lebanon,CT 06249

Tax Collector, Town of Lebanon
c/o Ronald F. Oschner
Berberick, Murphy, Devine & Whitty, PC
82 Chelsea Harbor Drive
Norwich, CT 06360

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-285/FD/tcg/02181998