FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Francis S. Rotella
Complainant
against Docket
#FIC 89-79
Meriden City Clerk
Respondent August
23, 1989
The above-captioned matter was heard as a contested case
on July 18, 1989, 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 §1-18a(a), G.S.
2. By writing
dated February 9, 1989, the complainant requested a copy of the Code of the
City of Meriden (hereinafter designated "code") from the respondent,
which request was accompanied by a statement that the complainant was indigent
and that any fee for a copy should accordingly be waived.
3. By letter
dated February 16, 1989 and filed with this Commission on March 2, 1989, the
complainant alleged that he was denied his request for a copy of the code free
of charge and that he was entitled to a free copy due to his status as an
indigent.
4. It is found
that prior to the complainant's request, the respondent had determined that the
complainant qualified for indigent status in accordance with criteria set by
the respondent's office.
5. It is found
that the code is a public record within the meaning of §1-18a(d), G.S.
6. It is found
that the code is available for purchase by members of the general public.
Docket # FIC89-79 Page
2
7. It is found
that the code, which consists of approximately 1,400 pages, is available for
the complainant's use free of charge at the respondent's office Monday through
Friday from 9am to 5pm.
8. It is further
found that the code is available for the complainant's use free of charge at
the Meriden Public library between the hours of 10am and 9pm Monday through
Friday in addition to weekend hours.
9. It is found
that under the circumstances of this case,
copies of this public record were provided for the complainant's use
free of charge.
10. It is
concluded that under the circumstances presented, there is no reason to grant
relief to the complainant in this case.
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.
2. The Commission
notes that if the complainant requests a copy of the code additional to those
provided for his use free of charge, the respondent is entitled to charge the
complainant for such copy in accordance with the Freedom of Information Act.
PURSUANT TO 4-180(c) C.G.S
THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS,
PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS
CONTESTED CASE ARE:
FRANCIS S. ROTELLA
55 Willow Street South
Meriden, CT 06450
MERIDEN CITY CLERK
c/o Alfred L. Fordiani,
Esquire
142 East Main Street
Meriden, CT 06450
Approved by order of the Freedom of Information
Commission at its regular meeting of August 23, 1989.
Tina
C. Frappier
Acting
Clerk of the Commission