FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Daniel Kelley,
Complainants
against Docket #FIC 1998-084
Mayor, City of Groton, and City
of Groton
Respondents August 12, 1998
	The above-captioned matter was heard as a contested case on May 19, 1998, at 
which time the complainant and the respondents 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 mayor is a public agency within the meaning of 1-18a(1), G.S.
	2.  By letter of complaint dated and filed on April 6, 1998, the complainant alleged 
that the respondent mayor failed to comply with the Commission’s decision in contested 
case docket #FIC 1997-130, Daniel Kelly v. Mayor, City of Groton, and City of Groton 
(hereinafter  “FIC 1997-130”).  Specifically, the complainant alleged that the respondent 
mayor failed to provide him with the total expenses associated with the October 1996 
installation of an eleven space parking area (hereinafter “parking area”).
	3.  The Commission takes administrative notice of the record and final decision in 
FIC 1997-130.
	4.  In FIC 1997-130, the Commission ordered the respondents to provide the 
complainant with “the requested records”, which records included the total expenses 
associated with installation of the parking area.
	5.  It is only the records of the total expenses associated with installation of the 
parking area that is at issue in this complaint.
	6.  It is found that by letter dated September 26, 1997, the city’s finance director 
provided the complainant with a copy of an invoice showing a total amount of $653.96 for 
construction of the parking area.
	7.  It is found that the invoice described in paragraph 6, above, is the only record 
located by the respondents that shows a total amount associated with the installation of 
the parking area.
	8.  It is found that the respondents have provided the complainant with the only 
record they have that is responsive to the Commission’s order in FIC 1997-130.
	9.  It is therefore concluded that the respondent mayor did not violate the 
Commission’s order in FIC 1997-130.
	10.  The complainant contends that he was able to obtain information from a 
source other than from the respondents that suggests that the amount of $653.96 for total 
expenses reflected on the invoice is inaccurate.
	11.  It is found that the total expenses associated with the parking area exceeded 
$653.96, because certain paving costs are not reflected on the invoice.
	12.  It is found however, that the respondents do not have any record that isolates 
the paving costs, described in paragraph 11, above.
	13.  The crux of the complainant’s contention presently, is not that he was not 
provided with a record of the total expenses associated with installation of the parking 
area but that the invoice provided to him contains inaccurate information.
	14.  While it is found that the invoice is misleading insofar as it does not include 
the paving costs, described in paragraphs 11 and 12, above, the determination of the 
accuracy or inaccuracy of the information contained in the invoice cannot be made by this 
Commission, because this Commission has no authority to do so.  Such a determination is 
appropriately made by the local institutions authorized to oversee the fiscal health and well 
being of the city.
	The following order by the Commission is hereby recommended on the basis of the 
record concerning the above-captioned complaint:
	1.  The complaint is dismissed.
	Approved by Order of the Freedom of Information Commission at its regular 
meeting of August 12, 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:
Daniel C. Kelley
48 Old Farm Road
Groton, CT 06340
Mayor, City of Groton, and City of Groton
c/o Atty. Peter S. Gianacoplos
100 Foot Hill Road
Groton, CT 06340

__________________________
Doris V. Luetjen
Acting Clerk of the Commission




FIC1998-084/FD/tcg/08181998