FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Wesley S. Lubee, Jr.,  
  Complainant  
  against   Docket #FIC 2004-441
Housing Authority, Town of Wallingford,  
  Respondent July 13, 2005
       

 

The above-captioned matter was heard as a contested case on December 13, 2004, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.   For purposes of hearing, the above-captioned case was consolidated with Docket #FIC 2004-340 Wesley S. Lubee, Jr. v. Housing Authority, Town of Wallingford.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1.      It is found that the respondent is a public agency within the meaning of 1-200(1), G.S.

 

2.      By letter dated August 14, 2004, to the respondent, the complainant requested a copy of a certain opinion issued by the office of the Attorney General regarding the Uniform Relocation Assistance Act [hereinafter “the opinion”].  The opinion was referenced in a July 12, 2004 letter to the executive director of the respondent, Mr. Steve Nere, as being included in that correspondence for his review.

 

 

3.      By letter dated September 22, 2004 and filed on September 27, 2004, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information  (“FOI”) Act by failing to comply with his request.

 

4.      Section 1-210(a) provides in relevant part that:

 

Except 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 section 1-212. 

 

5.      Section 1-212(a), G.S., provides in relevant that “any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record . . . .” 

 

6.      It is found that at some time after the complainant’s request but before the hearing on this matter, Mr. Nere informed the complainant that he did not have a copy of the opinion because it was not included with the July 12, 2004 letter. 

 

7.      It is found that the respondent does not maintain a copy of the opinion.

 

8.      It is therefore concluded that the respondent did not violate the disclosure provisions of 1-210(a) and 1-212(a), G.S., by failing to comply with the complainant’s 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 July 13, 2005.

 

________________________________

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:

 

Wesley S. Lubee, Jr.

15 Montowese Trail

Wallingford, CT 06492

 

Housing Authority,

Town of Wallingford

c/o E. James Loughlin, Esq.

150 South Main Street

Wallingford, CT 06492

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2004-441FD/paj/7/18/2005