FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Ellen K. Desjardins,
Complainant
against Docket #FIC 93-102
Michael S. Hillsberg, Montville Finance Director,
Respondent December 22, 1993
The above-captioned matter was heard as a contested case on August 18, 1993, 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 dated March 18, 1993, the complainant requested of the respondent access to inspect the fixed assets ledgers (hereinafter "ledgers") for the parks and recreation department, the town dog warden and the registrar of voters.
3. By letter dated March 19, 1993, the respondent informed the complainant that access to inspect the ledgers could be provided in two months once the ledgers had been updated.
4. By letter dated March 30, 1993 and filed with the Commission on April 15, 1993, the complainant appealed to the Commission alleging that the respondent had violated the Freedom of Information (hereinafter "FOI") Act by denying her prompt access to inspect the ledgers. The complainant requested that the Commission issue civil penalties against the respondent.
5. It is found that the respondent enclosed in his March 19, 1993 letter a copy of a June 1992 annual report fixed assets summary and advised the complainant that at the present time, he had neither the resources nor the space to accommodate the complainant's request to inspect the ledgers.
6. Section 1-18a(d), G.S., defines public records as "any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, whether such data or information be
Docket #FIC 93- 102 Page 2
handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method."
7. In addition, 1-19(a), G.S., provides in pertinent part that:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency ... shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours ....
8. It is concluded that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.
9. The respondent maintains that he believed the complainant wished to view updated ledgers, rather than the ones in his possession which had not been updated at the time of her request.
10. It is found that the respondent could have provided the complainant with access to inspect the ledgers as they existed at the time of her request with the understanding that they were not yet updated.
11. It is found that although the respondent may have been experiencing an increased workload and a reduction in staff at the time of the request, this set of circumstances does not alleviate his responsibility to fairly and reasonably respond to the complainant's access request as required by 1-19(a), G.S.
12. It is therefore concluded that the respondent violated the complainant's rights under 1-19(a), G.S., by failing to provide prompt access to inspect the ledgers, as described in paragraph 2, above.
13. The Commission in its discretion declines to impose a civil penalty upon 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 the complainant with access to inspect the requested records, as described in paragraph 2 of the findings, above.
2. Henceforth, the respondent shall strictly comply with the provisions of 1-19(a), G.S.
Docket #FIC 93- 102 Page 3
Approved by Order of the Freedom of Information Commission at its regular meeting of December 22, 1993.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93- 102 Page 4
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:
Ms. Ellen K. Desjardins
513 Raymond Hill Road
Uncasville, CT 06382
Michael S. Hillsberg, Montville Finance Director
c/o James J. Devine, Esq.
Box 1126
82 Chelsea Harbor Drive
Norwich, CT 06360
Elizabeth A. Leifert
Acting Clerk of the Commission