FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Kevin Cunningham,  
  Complainant  
  against   Docket #FIC 2009-607

First Selectman, Town of Plainfield;

and Town of Plainfield,

 
  Respondents January 27, 2010
       

 

The above-captioned matter was heard as a contested case on January 4, 2010 at 10:00 A.M., at which time the respondents appeared, and presented testimony, exhibits and argument on the complaint.  The complainant failed to appear to prosecute the complaint.

 

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

 

1.  The respondents are public agencies within the meaning of 1-200(1), G.S.

 

2.  By email dated and filed with the Commission on October 14, 2009, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (hereinafter “FOI”) Act by failing to provide the complainant with the records described in paragraph 3, below.

 

3.  It is found that by letter dated September 24, 2009, the complainant requested “a printed copy” of the following information “for fiscal year 2008-2009” and current “fiscal year 2009-2010,” from the respondents:

 

a.       “[A]ll persons hired by the town of Plainfield that are not part of Unions;”

b.      “[T]he names … hourly rate,” and “the total paid to those hired;” and

c.       “[T]he specific duties for hire listed.”

 

The complainant further specified that his request included information pertaining to “single payouts for one time services” (hereinafter “the requested records”).

 

4.  It is found that, by letter dated September 30, 2009, the respondents acknowledged the complainant’s September 24, 2009 letter described in paragraph 3, above, by stating that they would “notify [the complainant] once the request is completed.”

 

5.  Section 1-200(5), G.S., provides:

 

“Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

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

 

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 (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212….

 

7.  It is concluded that the requested records are public records within the meaning of 1-200(5) and 1-210(a), G.S.

 

8.  At the hearing on this matter, the respondents claimed that they provided the complainant with all of the requested records by “creating documents in order to honor” the complainant’s September 24, 2009 request.

 

9.  It is found that the respondents did not deny the complainant copies of any public records.

 

10.  It is concluded, therefore, that the respondents did not violate the FOI Act as alleged by the complainant.

 

            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 January 27, 2010.

 

 

____________________________

S. Wilson

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:

 

Kevin Cunningham

405 Moosup Pond Road

Moosup, CT 06354

 

First Selectman, Town of Plainfield;

and Town of Plainfield

C/o Paul Sweet

8 Community Avenue

Plainfield, CT 06354

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2009-607FD/sw/2/2/2010