FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Ernest Corriveau, Sr.,
Complainant
against Docket #FIC 89-143
General Manager, Electric Division, Wallingford Department of Public Utilities,
Respondent April 25, 1990
The above-captioned matter was heard as a contested case on September 21, 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 letters dated April 19 and April 20, 1989, the complainant requested of the respondent a copy on computer diskettes of the customer list of the Town of Wallingford Department of Public Utilities ("WDPU") Electric Division.
3. By letter dated April 26, 1989, the respondent denied the complainant's request.
4. By letter of complaint dated May 2, 1989 and filed with the Commission on May 3, 1989, the complainant appealed the respondent's denial of his request.
5. It is found that the WDPU maintains a computerized record of its Electric Division customers, including each customer's name, address, billing history and service information.
6. It is concluded that the customer list described in paragraph 5, above, is a public record within the meaning of 1-18a(d), G.S.
7. At the hearing, the complainant clarified his request to include only the names and addresses contained on the respondent's customer list.
Docket #FIC 89-143 Page 2
8. The respondent maintains that the record sought by the complainant as described in paragraph 7, above, is exempt from disclosure pursuant to 1-19(b)(2), G.S.
9. It is found that the information contained in the record described in paragraph 7, above, is not of the same character or nature as information customarily contained in a personnel, medical or similar file.
10. It is concluded that the respondent failed to prove that the record sought by the complainant is a personnel, medical or similar file within the meaning of 1-19(b)(2), G.S.
11. It is further concluded that the respondent violated 1-15 and 1-19(a), G.S., by failing to provide, promptly upon request, a computer diskette copy of the requested record.
12. At the hearing, the complainant requested that a civil penalty be imposed against the respondent.
13. Under the circumstances of this case, the Commission in its discretion declines to impose a civil penalty against the respondent.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondent shall forthwith provide to the complainant a computer diskette copy of the record described in paragraph 7 of the findings, above.
2. The complainant shall provide the respondent with an appropriate number of suitable diskettes on which to copy the record ordered disclosed in paragraph 1 of this order.
Approved by order of the Freedom of Information Commission at its regular meeting of April 25, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 89-143 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:
ERNEST CORRIVEAU, SR.
34 Highland Avenue
Wallingford, CT 06492
GENERAL MANAGER, ELECTRIC DIVISION, WALLINGFORD DEPARTMENT OF PUBLIC UTILITIES
c/o Gerald E. Farrell, Esq.
Office of the Town Attorney
45 South Main Street
P.O. Box 427
Wallingford, CT 06492
Tina C. Frappier
Acting Clerk of the Commission