FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Trenton Wright,
Complainant
against Docket #FIC 92-201
Walter Pawelkiewicz, Windham First Selectman, Susan Johnson, Delores Ackley, Hanna Clements, Charlotte Patros, John Root and Windham Board of Selectmen Utilities Committee,
Respondents January 27, 1993
The above-captioned matter was heard as a contested case on December 10, 1992, at which time the complainant and the respondents appeared 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 respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter filed with this Commission on June 16, 1992, the complainant alleged that the respondents violated the provisions of the FOI Act on June 9, 1992, by failing to provide him with a copy of the minutes of the respondent utilities committee's December 17, 1991 meeting. He also requested that civil penalties be imposed against the respondents.
3. It is found that the minutes described at paragraph 2, above, constitute a public record within the meaning of 1-18a(d), G.S.
4. It is found that on June 9, 1992, the complainant requested access to and copies of the minutes described in paragraph 2, above, of the selectmen's executive secretary ("secretary").
5. It is found that the secretary informed the complainant that a local reporter had borrowed the requested records but had failed to yet return them. It is also found that the secretary attempted to contact the reporter while the complainant waited.
6. It is found that the complainant himself contacted the
Docket #FIC 92-201 Page 2
reporter identified in paragraph 5, above, who claimed to indeed have possession of the December 17, 1991 minutes. The reporter agreed to return those minutes to the respondents.
7. It is also found that when the reporter returned the file he had borrowed from the first selectman, it was discovered that in fact he had only copies of the minutes sought by the complainant and that in fact the respondents at all times operative did have possession of the December 17 minutes.
8. It is found that when the respondent first selectman realized that the secretary had been mistaken in her belief that the minutes of December 17 were missing from the town hall, a call was made to the complainant on June 12 to acknowledge and apologize for this error. The complainant was then informed that, at his option, he could retrieve copies of the minutes from the town hall or the minutes would be mailed to him.
9. It is found that on June 12, 1992, a copy of the December 17, 1991 minutes were mailed to the complainant.
10. It is concluded that under the facts of this case, the respondents are not in violation of the provisions of the FOI Act.
The following order by the Commission is hereby recommended on tha basis of the record concerning the above-captioned complaint.
1. The complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of January 27, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-201 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:
Trenton Wright
232 Mansfield Avenue
Willimantic, CT 06226
Walter Pawelkiewicz, Windham First Selectman, Susan Johnson, Delores Ackley, Hanna Clements, Charlotte Patros, John Root and Windham Board of Selectmen Utilities Committee
c/o Walter Pawelkiewicz, Windham First Selectman and
Windham Board of Selectmen Utilities Committee
979 Main Street
P.O. Box 94
Willimantic, CT 06226
Debra L. Rembowski
Acting Clerk of the Commission