OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by
Docket #FIC 2000-067
First Selectman, Town of Oxford,
June 14, 2000
The above-captioned matter was heard as a contested
case on March 27, 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),
By letter dated
February 1, 2000, the complainant made a request to the respondent for copies
“a signed copy of
the appraisal of Woodruff Hill Road by William Sheehy on February 7, 1998;
the bill and payment
records of the same appraisal by William Sheehy of February 7, 1998 of
Woodruff Hill Road property; and
any appraisals from
the last ten years on Woodruff Hill Road Property.”
3. By letter dated February 10, 2000 and filed on February 15,
2000, the complainant appealed to this Commission alleging that the respondent
violated the Freedom of Information (“FOI”) Act by denying her request for
a copy of the records described in paragraph 2, above.
4. Section 1-210(a), G.S., provides in relevant part that:
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 receive a copy of such records
in accordance with the provisions of section 1-212.
Any agency rule or regulation, or part thereof, that conflicts with the
provisions of this subsection or diminishes or curtails in any way the rights
granted by this subsection shall be void.
5. Section 1-212(a), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record . . .”
6. It is found that the request records are public records within the meaning of §1-210(a), G.S.
7. With respect to the requested record described in paragraph 2a, above, it is found that the respondent had three signed copies of the appraisal but after a diligent search, which started in August of 1999 in response to a court directive to produce the record, the respondent has determined that the record has been lost.
8. It is found that by letter dated February 7, 2000, the respondent informed the complainant that a signed copy of the appraisal could not be located.
9. With respect to the requested records described in paragraph 2b, above, it is found that the only record responsive to the complainant’s request is a copy of the check issued by the town attorney from his trustee account for payment of the appraisal.
10. It is found that the respondent did not produce a copy of the check described in paragraphs 2b and 9, above, until the hearing on this matter.
11. It is found, therefore, that the respondent failed to promptly comply with the complainant’s request described in paragraph 2b, above, and thereby violated the provision of §§1-210(a) and 1-212(a), G.S.
12. At the hearing on this matter, the complainant withdrew her complaint with respect to the requested records described in paragraph 2c, above.
The following order
by the Commission is hereby recommended on the basis of the record concerning
the above-captioned complaint.
1. The respondent shall forthwith provide the complainant with a copy of the check described in paragraphs 2b and 9 of the findings, above, free of charge.
Approved by Order of the Freedom of Information Commission at its regular meeting of
June 14, 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:
11 Larkey Road
Oxford, CT 06478
First Selectman, Town of Oxford
c/o Atty. George R. Temple
525 Bridgeport Avenue
Shelton, CT 06484
Melanie R. Balfour