FREEDOM OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Henry T. Becker, | |||
Complainants | |||
against | Docket #FIC 1990-425 | ||
Hebron Town Clerk, | |||
Respondents | August 14, 1991 |
The above-captioned matter was heard as a contested case on February 19, 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. Pursuant to §1-15, G.S., by letter of request to the respondent dated November 2, 1990 (hereinafter "document request "), the complainant requested a copy of a mailing list of elderly persons residing in the town of Hebron which is used by the Hebron Commission on Aging (hereinafter the "list").
3. It is found that the document request was hand delivered by the complainant to the respondent on November 3, 1990.
4. It is also found that the respondent refused to comply with the complainant's document request.
5. The complainant filed his appeal with this Commission on November 5, 1990.
6. It is found that the requested information is maintained as a public record within the meaning of §1-18a(d), G.S.
7. The respondent maintains that the list requested was withheld from disclosure in an effort to protect the privacy rights of the town's elderly residents. 8. Specifically, the respondent maintains that the document request was not complied with in order to protect the elderly residents from harassing or annoying contact by the complainant or any other individual making a request for the same information.
9. The respondent also testified that the list was compiled from information supplied by elderly residents applying for a "gold card" which would entitle them to discounted fees for goods and services. However, nothing on the application notified the applicants that the information could or would become public.
10. It is found that the respondent failed to either allege or prove the applicability of any statutory exemption to disclosure of the information requested.
11. At the hearing on this matter, the complainant testified that he is active in efforts to ensure that all voters have access to polling places during an election.
12. Specifically, the complainant testified that he made the document request in order to get information that would allow him to provide transportation to polling places for the town's elderly citizens who might otherwise be unable to get to the polls to vote.
13. It is found that the respondent was fully aware of the purpose for which the complainant sought the list.
14. It is found that under the circumstances of this case, there is no evidence that disclosure of the list to the complainant would subject the town's elderly citizens to harassment, annoyance or an invasion of personal privacy.
15. It is therefore concluded that the respondent should have disclosed the list to the complainant in accordance with §§1-15 and 1-l9(a), G.S.
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 the complainant with the requested list in accordance with §§1-15 and 1-l9(a), G.S.
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