FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Cynthia O'Hara,

 

                        Complainant

 

            against              Docket #FIC 94-276

 

Middlefield First Selectman,

 

                        Respondent                  June 14, 1995

 

            The above-captioned matter was heard as a contested case on March 16, 1995, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with Docket #FIC 94-262, Cynthia O'Hara v. Chairman and Treasurer, Middlefield 1994 Old Home Day Committee, and Middlefield First Selectman.

 

            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 August 10, 1994, the complainant appealed to the Commission, alleging that her August 4, 1994 request to review the financial records of the Middlefield 1994 Old Home Days Committee had been denied by the Middlefield first selectman on August 10, 1994.

 

            3.         It is found that the complainant by letter dated August 4, 1994, repeated her earlier request of June 22, 1994 to look at the 1994 Old Home Day Committee's financial records.

 

            4.         It is found that the respondent by letter dated August 10, 1994, replied that all of the requested records were in the possession of the Old Home Day Committee's auditor.

 

            5.         It is found that the first selectman is not the custodian of the requested records, that the records are not in the possession of the town, and that the first selectman and the town do not exert any control over the records.

 

            6.         It is therefore concluded that the first selectman did not violate the Freedom of Information Act by referring the complainant back to the committee chairman and treasurer for the records she sought.

 

Docket #FIC 94-276                           Page 2

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.         The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 14, 1995.

 

                                                                 

                                    Debra L. Rembowski

                                    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:

CYNTHIA O'HARA

Box 459

Middlefield, CT 06455

 

MIDDLEFIELD FIRST SELECTMAN

c/o Bruno L. Morasutti, Esq.

Luby, Olson, Mango, Gaffney & DeFrances

405 Broad Street

Meriden, CT 06450

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission