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 2009-444
Housing Authority, Town of Wallingford,  
  Respondent February 24, 2010
       

 

The above-captioned matter was heard as a contested case on September 18, 2009, 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 matter was consolidated with docket #FIC 2009-129, Wesley S. Lubee, Jr. v. Board of Commissioners, Housing Authority, Town of Wallingford.

 

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 July 8, 2009, the complainant made a request to the respondent for “a copy of all pages included as Attachments to the 2008 McKenna Court Management Review Summary” (hereinafter “the attachments”).

 

3.      It is found that on, or about, July 13, 2009, the complainant was informed that the records he requested were available. 

 

4.      It is found that the attachment was dated October 5, 2007, although the complainant believed the document should be dated 2008.

 

5.      It is found therefore that, after review of the attachment that was provided to him, the complainant made another request, dated July 20, 2009, for the attachments because he believed that the respondent had provided him with the wrong record.

 

6.      It is found that by letter dated July 31, 2009, the complainant was informed that the records that were provided to him were the records responsive to his request.

 

7.      By letter dated July 30, 2009, and filed on July 31, 2009, the complainant appealed to this Commission alleging that the respondent had violated the Freedom of Information (“FOI”) Act by failing to comply with his July 8 and July 20, 2009 records requests.

 

8.      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. 

 

9.      Section 1-210(a), G. S., 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 (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. 

 

10.   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.”

 

11.   It is found that the attachment is a public record within the meaning of 1-200(5), 1-210(a), and 1-212(a), G.S.

 

12.   It is found that because the respondent’s fiscal year runs from July 1 to June 30 of the next year, some of the records that make up the management review report are generated and dated in the year before the report is issued.  It found that, thus, the 2008 management review report would have records that were generated and dated in 2007. 

 

13.   It is found that the attachment provided to the complainant, while dated October 5, 2007, is the record responsive to his July 8 and July 20, 2009 requests, which record was timely provided.

 

14.   It is concluded that the respondent 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 February 24, 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:

 

Wesley S. Lubee, Jr.

15 Montowese Trail

Wallingford, CT 06492

 

Housing Authority, Town of

Wallingford

C/o E. James Loughlin, Esq.

Loughlin Fitzgerald, P.C.

150 South Main Street

Wallingford, CT 06492

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2009-444FD/sw/3/1/2010