FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Jon Alander,
Complainant
against Docket #FIC 89-186
State of Connecticut, Department of Housing,
Respondent December 18, 1989
The above-captioned matter was scheduled for hearing as a contested case on October 23, 1989, at which time the complainant and the respondent 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. On April 26, 1989, the complainant, who is an attorney with New Haven Legal Assistance Association, Inc., asked for copies of approximately 1,000 pages of records free of charge.
3. On May 5, 1989, the respondent informed the complainant that he, or a member of his staff, was welcome to come to its office to copy the records.
4. On May 25, 1989, the complainant filed his letter of complaint with the Commission alleging denial of his right to receive copies free of charge pursuant to 1-15, G.S.
5. It is found that the respondent has provided the complainant with approximately 1600 records free of charge in response to earlier requests made by him.
6. The respondent claims that it is not required to provide the requested records to the complainant because the statutory provisions at 1-15, G.S. pertaining to indigents are not applicable since he is not indigent, and that 1-15, G.S. is satisfied by permitting the complainant to copy the records.
7. It is found that the complainant made his request in connection with his representation of indigent individuals in the investigation of the respondent's administration of Community Development Block Grant funds.
Docket #FIC 89-186 page 2
8. It is found under the facts of this case, that the respondent is required by 1-15, G.S. to waive fees for copying the requested records for the complainant.
9. It is concluded that the respondent violated 1-15, G.S. by failing to provide the complainant with the requested copies free of change.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The respondent shall provide the complainant with copies of the requested records free of charge.
Approved by order of the Freedom of Information Commission at its special meeting of December 18, 1989.
Karen J. Haggett
Clerk of the Commission
Docket #FIC 89-186 page 3
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:
JON ALANDER
New Haven Legal Assistance Assoc.
426 State Street
New Haven, CT 06510
PAUL K. PERNEREWSKI
55 Elm Street
Hartford, CT 06106
Karen J. Haggett
Clerk of the Commission