FREEDOM OF INFORMATION COMMISSION
|In the Matter of a Complaint by||FINAL DECISION|
|David B. Gilmore and
Coalition for Better Government,
|against||Docket #FIC 1998-179|
|Office of the
City of Waterbury; and City of
|Respondents||December 9, 1998|
The above-captioned matter was heard as a contested case on October 8, 1998, at which time the complainants 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(1), G.S.
2. The respondents moved to dismiss this complaint for lack of subject matter jurisdiction. Specifically, the respondents contend that they did not receive the complainants notice of appeal prior to the hearing in this matter.
3. It is found that the complainants first filed a notice of appeal in this matter with the Commission on June 22, 1998. It is further found that, by letter dated July 8, 1998, the Commission informed the complainants that their appeal would not be opened at such time, since such appeal was based on a request for records dated May 5, 1998, and was therefore not filed within thirty days of the alleged violation.
4. It is further found that, on July 9, 1998, the complainants resubmitted their request for records to the respondents and filed a copy of that resubmitted request with the Commission on July 17, 1998.
5. Section 1-19(a), G.S., in relevant part states:
every person shall have the right to inspect [public] records promptly during regular office hours or to receive a copy of such records in accordance with the provisions of section 1-15 .
6. Section 1-21i(b)(1), G. S., provides in relevant part:
[a]ny person denied the right to inspect or copy records under section 1-19 or wrongfully denied the right to attend any meeting of a public agency or denied any other right conferred by the Freedom of Information Act may appeal therefrom to the Freedom of Information Commission, by filing a notice of appeal with said commission. A notice of appeal shall be filed within thirty days after such denial Upon receipt of such notice, the commission shall serve upon all parties, by certified or registered mail, a copy of such notice together with any other notice or order of such commission .
7. It is found that the complainants failed to file a notice of appeal within thirty days after the alleged denial of their July 9, 1998 request.
8. It is therefore concluded that, pursuant to §1-21i(b)(1), G.S., the Commission lacks jurisdiction in this matter.
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 December 9, 1998.
_________________________ Melanie R. Balfour 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 B. Gilmore and Coalition for Better Government PO Box 11444 Waterbury, CT 06703
Office of the Corporation Counsel, City of Waterbury; and City of Waterbury c/o Atty. James E. Weir and Atty. Kevin M. Johnson Corporation Counsel 236 Grand Street Waterbury, CT 06702
__________________________ Melanie R. Balfour Acting Clerk of the Commission