FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Dwayne A. Braithwaite,
Complainant,
against Docket
#FIC 87-282
Chairman, Wallingford Public
Utilities Commission and Wallingford Public Utilities Commission,
Respondents, January
27, 1988
The above-captioned matter was heard as a contested case
on November 4, 1987, at which time the complainant and the respondents
appeared, and presented testimony, exhibits and argument on the complaint.
After consideration of the entire record, the following
facts are found:
1. The
respondents are public agencies within the meaning of §1-18a(a), G.S.
2. By letter
dated September 1, 1987, the complainant requested a complete listing of all
residential water users of the town of Wallingford.
3. The
respondents failed to respond within four business days.
4. On September
30, 1987, the complainant filed his complaint with the Commission.
5. On October 8,
1987, the respondents informed the complainant that the requested records would
be provided for a charge of $53.00.
6. On October 13,
1987, the complainant called an employee of the respondent and questioned the
charge.
7. As a result of
this conversation which had the effect of clarifying the complainant's request,
the respondents increased the charge for supplying the records to more than
$6,000.00.
8. The increased
charges were necessary because the
Document #FIC 87-282 page two
respondents did not collect
data in the form requested by the complainant, and because the type of record
requested by the complainant required additional research before the computer
printout could be produced.
9. It is found
that the respondents are not required under §§ 1-15 or 1-19, G.S., to perform
research in order to satisfy a request for records.
10. It is found
that the failure of the respondents to respond negatively to the complainant's
request within four business days was a denial of his request under §1-21i(a),
G.S.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. Henceforth the
respondents shall respond to requests for records within four business days.
Approved by order of the Freedom of Information
Commission at its regular meeting of January 27, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission