FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Kathy A. Velky,

 

                                Complainant

 

                against                   Docket #FIC 95-76

 

Woodbury Building Department and Woodbury Director of Public Works,

 

                                Respondents                        November 22, 1995

 

                The above-captioned matter was heard as a contested case on October 5, 1995, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The case was consolidated for hearing with docket #FIC 95-139, Kathy A. Velky v. Woodbury Building Department and Director of Health, Pomperaug District Department of Health.  The respondents filed a Motion to Dismiss prior to the hearing and requested the imposition of civil penalties against the complainant for the filing of a frivolous appeal and reimbursement for their legal fees.

 

                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 dated March 6, 1995, the complainant requested that the respondent building department provide her with any "prerequisites on file" pertaining to a certain property located at 27 Peter Road in Woodbury, Connecticut.

 

                3.  By letter dated March 17, 1995, the complainant requested that the respondent director of public works provide her with copies of "[the] driveway application, permit waivers, or exemptions on file" pertaining to a certain property located at 27 Peter Road in Woodbury, Connecticut.

 

                4.  By letter dated and filed March 23, 1995, the complainant appealed to the Commission and alleged that the respondents failed to comply with her requests.

 

                5.  It is found that at the time of the complainant's request, the respondent building department did not maintain any records responsive to the complainant's request, and that the complainant was so notified by telephone on March 7, 1995.

 

#FIC 95-76                                             Page 2

 

                6.  It is found that by letter dated March 20, 1995, the respondent director of public works notified the complainant that:  The driveway located on the property at 27 Peter Road predated the present permit requirements in Woodbury; a permit was not required at that time for a driveway at such location; and consequently, no permit exists that would be responsive to the complainant's request.

 

                7.  It is found that the respondents made any and all files in their possession concerning the property located at 27 Peter Road available to the complainant for inspection and/or copying, but that the specific records requested did not exist at the time of the complainant's request.

 

                8.  It is further found that the gravamen of the complainant's appeal is her claim that the respondents do not maintain certain records which she asserts they are legally required to maintain.

 

                9.  Although the Commission finds the allegations described in paragraph 8, above, to be troubling, it is concluded that the Commission lacks jurisdiction to address the content or adequacy of the records maintained by the respondents.

 

                10.  It is concluded that under the facts of this case, the respondents did not violate the provisions of the Freedom of Information Act.

 

                11.  It is found that the complainant's appeal was filed, in part, due to her misunderstanding of the Commission's jurisdiction and that such appeal was not taken without reasonable cause.  Therefore, the Commission declines to consider the imposition of civil penalties against the complainant.

 

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

 

                1.  The complaint is hereby dismissed.

 

                2.  The Commission refers the complainant to the State Codes and Standards Committee of the Division of Public Safety, which is the appropriate forum to address her complaints concerning the adequacy of the respondents' records.

 

Approved by Order of the Freedom of Information Commission at its special meeting of November 22, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-76                                               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:

Kathy A. Velky

626 Washington Road

Woodbury, CT 06798

 

Woodbury Building Department and Woodbury Director of Public Works

c/o Marianne B. Dubuque, Esq.

Carmody & Torrance

50 Leavenworth Street

P.O. Box 1110

Waterbury, CT 06721-1110

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission