FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Patrick Vincent McCue,  
  Complainant  
  against   Docket #FIC 2010-322

Superintendent, Water Pollution Control

Authority, Town of Simsbury,  

 
  Respondent March 23, 2011
       

 

The above-captioned matter was heard as a contested case on October 5, 2010, 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 April 28, 2010, the complainant made a request to the respondent for copies of the following records:

 

All agreements and contracts the Town of Simsbury Water Pollution Control has with Patrick Vincent McCue concerning Sewer Use.

 

3.  By letter of complaint dated May 17, 2010 and filed May 19, 2010, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to respond to his request for records. 

 

4.  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.

 

5.  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 . . .  (3) receive a copy of such records in accordance with section 1-212.

 

6.  Section 1-212(a)(1), G.S., provides in relevant part that:

 

Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.

 

7.  It is found that, to the extent that the respondent maintains the records described in paragraph 2, above, the records are “public records” and must be disclosed in accordance with 1-210(a) and 1-212(a), G.S., unless they are exempt from disclosure.

 

8.  It is found that, by letter dated June 14, 2010, the respondent acknowledged the complainant’s request for records.  It is further found that in this correspondence the respondent informed the complainant of the following:  First, he did not have a specific explanation as to why it had taken him until June 14, 2010 to respond to the complainant’s April 28, 2010 request, however, he suspected that it was because he had responded to the complainant’s April 24, 2010 and April 26, 2010 requests for records, and, at that time, it had appeared to him that the wording of the instant request was similar to those previous requests.  Second, the respondent informed the complainant that “there are no specific agreements or contracts between the Town of Simsbury Water Pollution Control and Patrick Vincent McCue concerning Sewer Use.”

 

9.  At the contested case hearing, the respondent testified consistently with the information that he had provided to the complainant in the June 14, 2010 acknowledgement letter referred to in paragraph 8, above. 

 

10. It is found that the respondent has no records that are responsive to the complainant’s request for records referenced in paragraph 2, above. 

11. Based upon the foregoing, it is concluded that the respondent did not violate the disclosure provisions of the FOI Act.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1.  The complaint is dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 23, 2011.

 

__________________________

Cynthia A. Cannata

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:

 

Patrick Vincent McDue

67 Laurel Lane

Simsbury, CT  06070

 

Superintendent, Water Pollution Control

Authority, Town of Simsbury

c/o Robert M. DeCrescenzo, Esq.

Updike, Kelly & Spellacy, P.C.

100 Pearl Street

P.O. Box 231277

Hartford, CT  06123-1277

 

And

 

James Clifton,

Superintendent,

Water Pollution Control Authority

36 Drake Hill Road

Simsbury, CT  06070

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

 

 

FIC/2010-322/FD/cac/3/29/2011