FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Christina Berger,

 

 

Complainants

 

 

against

 

Docket #FIC 1997-337

Chairman, The Kensington Fire District Commission, Borough of Kensington; and The Kensington Fire District Commission, Borough of Kensington,

 

 

Respondents

April 8, 1998

        The above-captioned matter was heard as a contested case on January 7, 1998, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. For purposes of hearing, this case was consolidated with Docket # FIC 1997-314, Christina Berger against Chairman, The Kensington Fire District, Borough of Kensington; and The Kensington Fire District, Borough of Kensington.

        After consideration of the entire record, the following facts are found and conclusions of law are reached:

        1. The Commission takes administrative notice of, and incorporates into the record in this matter, the record in Docket # FIC 1997-314, Christina Berger against Chairman, The Kensington Fire District, Borough of Kensington; and The Kensington Fire District, Borough of Kensington (hereinafter "Docket #FIC 1997-314").

        2. The respondents are public agencies within the meaning of 1-18a(1), G.S. (prior to October 1, 1997, 1-18a(a), G.S.).

        3. By letter dated September 25, 1997, the complainant requested that the respondent chairman provide her with an opportunity to inspect certain records of the respondent commission, which were comprised of the records at issue in Docket # FIC1997-314, in addition to certain aerial photographs.

        4. By letter dated October 20, 1997 and filed on October 23, 1997, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information ("FOI") Act by denying her access to the records described in paragraph 3, above.

        5. It is found that, at the hearing in this matter, the complainant acknowledged that she is now in receipt of all records which she requested and which are more fully described in paragraph 3, above, with the exception of the photographs, which the complainant no longer wishes.

        6. It is found that, at the hearing in this matter, the complainant sought relief in the form of prompt and reasonable access to the records of the respondents.

        7. It is found that the complainant’s concerns with respect to the accessibility of the respondents’ records and the promptness of the respondents’ responses to FOI requests are fully addressed in Docket # FIC 1997-314. It is further found that the plans which are at issue in this matter were also at issue in Docket # FIC 1997-314 and that the accessibility of such records was addressed therein.

        8. It is concluded that there is no requirement to repeat the findings, conclusions and orders reached in Docket # FIC 1997-314.

        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 April 8, 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:
Christina Berger
858 Chamberlain Highway
P.O. Box 7283
Kensington, CT 06037

Chairman, The Kensington Fire District Commission, Borough of Kensington; and The Kensington Fire District Commission, Borough of Kensington
c/o Robert Argazzi
460 New Britain Road
P.O. Box 2
Kensington, CT 06037

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-337/FD/tcg/04171998