FREEDOM
OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
City of Norwalk, | |||
Complainants | |||
against | Docket #FIC 1990-353 | ||
State of Connecticut,
Commission on Human Rights and Opportunities, Southwest Region, |
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Respondents | August 14, 1991 |
The above-captioned matter was scheduled for hearing at the same time as Docket ##FIC 90-428 City of Norwalk against State of Connecticut. Commission on Human Rights and Opportunities because of the similarity of their subject matter. The cases were heard as contested cases on January 25, 1991, 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 letter of complaint filed September 7, 1990, the complainant alleged it had been denied copies of all documents, statements of witnesses, and other evidence pertaining to the complaint titled Lacy Alston and the City of Norwalk (CHRO Case No. 8620385).
3. It is found that the complainant requested the above described records on August 27, 1990, and the copies were not provided within four business days.
4. The respondent contends that the requested records are exempt from disclosure pursuant to §1-l9(a) G.S. because their disclosure is governed by §46a-83 (b) G.S., a statute which "otherwise provides," pursuant to Arthur L. Green v. Freedom of Information Commission, 178 Conn 700 (1979).
5. The complainant contends that the records must be disclosed pursuant to §46a-83(e), G.S., which became effective January 1, 1990.
6. It is found that pursuant to P.A.. 89-332, Sec. 6, disclosure of the requested records is governed by §46a-83 (b), G.S., asit existed on January 1, 1989.
7. It is concluded, therefore, that pursuant to §46a-83 (b), G.S., as it existed on January 1, 1989, the requested records are exempt from disclosure.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
The complaint is hereby dismissed
Approved by Order of the Freedom of Information Commission at its regular meeting of August 14, 1991.
______________________ Karen J. Haggett 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:
WILLIAM F. MCDONALD, ESQ. 1052 Enfield Street Enfield, CT 06082
RICHARD T. BIGGAR, ESQ. Assistant Attorney General MacKenzie Hall 110 Sherman Street Hartford, CT 06105
ROBERT A. WHITEHEAD, JR., ESQ. Assistant Attorney General 55 Elm Street Hartford, CT 06106
______________________ Karen J. Haggett Clerk of the Commission