FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Mario Montuoro,
Complainant
against Docket #FIC 94-36
New Fairfield First Selectman and New Fairfield Code of Ethics Committee
Respondents June 22, 1994
The above-captioned matter was heard as a contested case on June 2, 1994, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The caption of this case was corrected to reflect the official designation of the respondent New Fairfield Code of Ethics Committee.
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 of complaint dated February 6, 1994 and filed with the Commission on February 7, 1994, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information ("FOI") Act by denying him access to copies of the minutes and audio tapes of the respondent New Fairfield Code of Ethics Committee's ("Ethics Committee") October 23, 1993 special meeting.
3. It is found that on November 4, 1993 the complainant requested from the respondent New Fairfield First Selectman ("First Selectman") a copy of the October 23, 1993 special meeting minutes, described in paragragh 2, above.
4. It is found that the respondent First Selectman provided the complainant with a copy of the requested minutes on November 4, 1993.
5. It is found that the complainant then, on February 1, 1994, made a request to the respondents for a copy of the audio tapes of the respondent Ethics Committee's October 23, 1993 special meeting.
Docket #FIC 94-36 Page 2
6. It is found that the respondents denied the complainant's audio tape request by letter dated February 5, 1994, informing the complainant that the tapes could not be located although a thorough search had been conducted.
7. 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 handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method."
8. Section 1-19(a), G.S., provides in pertinent part:
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 or to receive a copy of such records in accordance with the provisions of section 1-15....
Each such agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place, and if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located....
9. It is found that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.
10. At the hearing in this matter, the respondents conceded that the requested tapes once existed but cannot now be located.
11. It is found that the respondents have in their possession a transcript of the October 23, 1993 special meeting, which transcript had previously been prepared by the secretary to the New Fairfield Board of Finance from the now missing tapes.
12. It is concluded that the respondents violated 1-15 and 1-19(a), G.S., when they failed to provide the complainant with access to the requested tapes.
Docket #FIC 94-36 Page 3
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed with respect to the allegation concerning minutes.
2. With respect to the allegation concerning tapes, the respondents shall forthwith provide the complainant, free of charge, with a copy of the transcript described in paragraph 11 of the findings, above.
3. Henceforth, the respondents shall strictly comply with the requirements of 1-15 and 1-19(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of June 22, 1994.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 94-36 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:
Mario Montuoro
132 Ball Pond Road
New Fairfield, CT 06812
New Fairfield First Selectman and New Fairfield Code of Ethics Committee
c/o Arthur Azzarito
New Fairfield Board of Selectmen
Route 39
P.O. Box 8896
New Fairfield, CT 06812
Debra L. Rembowski
Clerk of the Commission