FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
|
In the Matter of a Complaint by |
FINAL DECISION |
||
| Barbara Brennan, |
|
||
|
|
Complainant |
|
|
|
|
against |
|
Docket #FIC 1999-483 |
|
Office
of the Tax Assessor, |
|
||
|
|
Respondents |
April 26, 2000 |
|
|
|
|
|
|
The above-captioned matter was heard as a contested case on January 7, 2000, 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 § 1-200(1), G.S. [formerly §1-18a(1), G.S.]
2. It is found that on September 30, 1999, the complainant visited the respondent’s office and requested access to inspect the 1997 and 1998 Motor Vehicle Grand List Books for the city of New Haven (hereinafter “requested records”). The complainant was denied access by a clerk in the respondent’s office.
3. By letter dated October 9, 1999 and filed on October 13, 1999, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying her request for access to the requested records.
4. It is concluded that the requested records are public records within the meaning of §1-200(5), G.S. [formerly §1-18a(5), G.S.] and §1-210(a), G.S. [formerly §1-19(a), G.S.].
5. The Commission takes administrative notice of the final decision in contested case docket #FIC 1999-097, Barbara M. Brennan v. Assessor’s Office, City of Bridgeport; and City of Bridgeport (hereinafter “FIC 1999-097”), which is currently on appeal before the superior court, CV 99-0365418 Pamela Davis v. Freedom of Information Commission.
6. In FIC 1999-097, the Commission addressed the issue of disclosure of records similar to the requested records, and concluded that such records are not barred from disclosure by the FDPPA or §§14-10 and 14-50a(d), G.S.
7. It is therefore concluded that the requested records are not exempt from disclosure, and that the respondent violated §1-210(a), G.S. [formerly §1-19(a), G.S.], when it failed to provide the complainant with access to the requested records.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondent assessor shall forthwith provide the complainant with access to inspect the requested records.
Approved by Order of the Freedom of Information Commission at its regular meeting of
April 26, 2000.
_________________________
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:
Barbara M. Brennan
11 Liberty Place
Clinton, CT 06413-1709
Office of the Tax Assessor, City of New Haven
c/o Atty. Thayer Baldwin
Office of the Corporation Counsel
165 Church Street
New Haven, CT 06510
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-483FD/mrb/04/27/00