FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

New England Telecommunications,
Inc.,

 

Complainant

 

 

against

Docket #FIC 2000-525

Board of Education, Norwalk
Public Schools,

 

 

Respondent

 March 14, 2001

 

 

 

 

            The above-captioned matter was heard as a contested case on February 7, 2001, 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.

 

2.  It is found that, by letter dated August 14, 2000, the complainant requested that the respondent provide it with copies of contracts which the city may have with any pay phone service provider; applications from any pay phone service provider; and contracts or applications for the installation and/or maintenance of pay phones on city property or rights of way whether approved, denied or pending.

 

3.  It is found that, by letter dated August 21, 2000, the respondent informed the complainant that it had no records responsive to the request described in paragraph 2, above.

 

4.  By letter dated September 14, 2000, and filed with the Commission on September 19, 2000, the complainant alleged that the respondent violated the Freedom of Information [hereinafter “FOI”] Act, by failing to provide the requested copies.   

 

5.  Section 1-210(a), G.S., provides in relevant part:

 

[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 1-212….

 

6.  Section 1-212(a), G.S., further provides in relevant part:  “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record…”  

 

7.  It is found that the respondent does not keep on file or maintain the records requested and described in paragraph 2, above, and that such records, to the extent that they exist, would be kept on file or maintained by the Norwalk department of public works. 

 

            8.  It is therefore concluded that the respondent did not violate the FOI Act, as alleged in the complaint. 

 

            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 March 14, 2001.

 

_________________________________________

Petrea A. Jones

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:

 

New England Telecommunications, Inc.

c/o Donal C. Collimore, Esq.

Collimore and Collimore

1150 Post Road

Fairfield, CT 06430-6040

 

Board of Education

Norwalk Public Schools

c/o Thomas N. Sullivan, Esq.

Sullivan, Schoen, Campane & Connon, LLC

646 Prospect Avenue

Hartford, CT 06105-4286

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

 

FIC/2000-525/FD/paj/03/15/2001