FREEDOM OF INFORMATION COMMISSION
|In the Matter of a Complaint by||FINAL DECISION|
|Carole G. Yudain,|
|against||Docket #FIC 1998-188|
|Department of Social
Town of Greenwich; and Town of
|Respondents||December 9, 1998|
The above-captioned matter was heard as a contested case on October 13, 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 respondents are public agencies within the meaning of §1-18a(1), G.S.
2. By letter dated June 27, 1998, and filed June 30, 1998, the complainant appealed to the Commission alleging that the respondent department violated the Freedom of Information Act by denying her access to her personal records.
3. It is found that, shortly before June 30, 1998, the complainant made a request to the respondent department for records concerning her case with such department, which case appears to have arisen from her eviction from her home.
4. Section 1-19(a), G.S., in relevant part, provides:
[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15
5. It is concluded that the requested records are public records within the meaning of §1-19(a), G.S.
6. It is found that, on July 24, 1998, the complainant was provided with all records responsive to her request maintained by the respondent department. It is further found that, at the hearing in this matter, the respondents offered to provide the complainant with second copies of such records.
7. It is found that the complainant has made numerous requests over the past several years to many agencies within the town of Greenwich for information related to her eviction. It is further found that, at the hearing in this matter, the complainant sought answers from the respondent department regarding the substantive issues of her underlying case. However, it is found that the Freedom of Information Act does not require public agencies to answer questions, nor does it require public agencies to create records to satisfy a request.
8. Based upon the facts and circumstances of this case, it is concluded that the respondents did not violate the provisions of §1-19(a), G.S., in responding to the complainants request.
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:
Carole G. Yudain 22 Harold Street Cos Cob, CT 06807
Department of Social Services, Town of Greenwich; and Town of Greenwich c/o Atty. Haden P. Gerrish Assistant Town Attorney 101 Field Point Road PO Box 2540 Greenwich, CT 06836-2540
__________________________ Melanie R. Balfour Acting Clerk of the Commission