FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Melissa L. Hergenrader and Danielle M. Hergenrader,
Complainants
against Docket #FIC 94-370
Cynthia Robertson, Lead Special Investigator, Licensing Division,
State of Connecticut, Department of Consumer Protection,
Respondent,
June 28, 1995
The above-captioned matter was heard as a contested case on May 18, 1995, at which time the complainants and the respondent 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 respondent is a public agency within the meaning of 1-18(a), G.S.
2. By letter of complaint filed with this Commission on October 18, 1994 the complainants alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by failing to provide a complete response to their request for copies of certain records.
3. It is found that by letter dated September 30, 1994, the complainants requested that the respondent provide them with the annual mobile home park inspection reports concerning the R & R Mobile Home Park located in Attawaugan, Ct. (hereinafter "reports") for the years 1989 through 1994.
4. The reports are public records within the meaning of 1-18a(d), G.S.
5. It is found that by letter dated October 6, 1994, the respondent replied to the complainants' request and provided the complainants with the 1989 and 1991 annual inspection reports.
Docket #FIC 94-370 Page 2
6. It is also found that although the 1994 report had not yet been prepared at the time of the complainants' September 30 request, an inspection was conducted on October 13, 1994 and the report thereof was written and provided to the complainants on that same day.
7. It is found that although the respondent conducted thorough searches of the records of the department of consumer protection, she was unable to locate the missing 1990, 1992 or 1993 reports, which are no longer contained in the department's records.
8. It is concluded that under the facts of this case the respondent is not in violation of the provisions of the FOI Act.
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.
Approved by Order of the Freedom of Information Commission at its regular meeting of June 28, 1995.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 94-370 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:
Ms. Melissa L. Hergenrader
Ms. Danielle M. Hergenrader
28 Palmer Avenue
Danielson, CT 06239
Cynthia Robertson, Lead Special Investigator, Licensing Division
State of Connecticut, Department of Consumer Protection
c/o Megan O'Neill, Esq.
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
Elizabeth A. Leifert
Acting Clerk of the Commission