FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Misty Williams and Dawn Massey,  
  Complainants  
  against   Docket #FIC 2004-567

John Opie, First Selectman,

Town of Branford, 

 
  Respondent November 9, 2005
       

 

The above-captioned matter was heard as a contested case on June 2, 2005, 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, this matter was consolidated with Docket #FIC 2004-542, Misty Williams and Dawn Massey v. John Opie, First Selectman, Town of Branford; and Docket #FIC 2004-543; Misty Williams and Dawn Massey v. John Opie, First Selectman, Town of Branford.  At the hearing in this matter, Dawn Massey, requested, and was granted, party status, with the assent of all original parties.  The case caption has been amended accordingly. 

 

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 November 18, 2004, the complainants requested that the respondent provide them with a certified copy of a response regarding a freedom of information request that Francis Buckley, Jr. provided to the first selectman prior to April 2, 2003 [hereinafter “the requested record”].

 

3.  It is found that, by letter dated December 3, 2004, the respondent acknowledged receipt of the request described in paragraph 2, above, and informed the complainants that he would search for the requested record. 

 

4.   By letter dated December 17, 2004, and filed with the Commission on December 20, 2004, the complainants alleged that the respondent violated the Freedom of Information Act by denying them a certified copy of the requested record.  The complainant requested the imposition of a civil penalty against the respondent. 

 

5.   On May 24, 2005, the respondent moved to impose a civil penalty against the complainants. 

 

6.  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…receive a copy of such records in accordance with section 1-212….

 

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

 

8.  It is found that the respondent does not keep on file or maintain the requested record, within the meaning of 1-210(a), G.S.  It is further found that the requested record never existed.

 

9.  It is concluded that the respondent did not violate 1-210(a) and 1-212(a), G.S., based on the facts and circumstances of this case. 

 

10.  The Commission declines to consider imposing a civil penalty against the complainants at this time. 

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 November 9, 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:

 

Misty Williams

225 Stony Creek Road

Branford, CT 06405

 

Dawn Massey

225 Stony Creek Road

Branford, CT 06405

 

John Opie, First Selectman,

Town of Branford

c/o Elizabeth P. Gilson, Esq.

383 Orange Street

New Haven, CT 06511

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2004-567FD/paj/11/14/2005