FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Ralph J. Lombardi,

 

                                Complainant

 

                against                   Docket #FIC 95-98

 

Windsor Locks Board of Selectmen,

 

                                Respondent                          November 22, 1995

 

                The above-captioned matter was heard as a contested case on October 11, 1995, 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 20, 1995, the complainant requested that the respondent provide him with the town of Windsor Locks' (hereinafter "town") policy of assessing and taxing church property.

 

                3.  By letter dated April 3, 1995 and filed April 4, 1995, the complainant appealed to the Commission and alleged that the respondent had not complied with his request.

 

                4.  It is found that the complainant is seeking tax-exempt status from the town for his residence as a church.

 

                5.  It is found that the town does not maintain a written policy as requested by the complainant, and that the town's assessor is required to determine the tax-exempt status of church property in accordance with state law.

 

                6.  It is found that the first selectman drafted a hand-written response to the complainant dated March 23, 1995, which referred the complainant to the assessor's office, but that the complainant never received such response.

 

                7.  It is concluded that the Commission cannot order the disclosure of a record that does not exist.

 

#FIC 95-98                                             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 hereby dismissed.

 

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 95-98                                               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:

Ralph J. Lombardi

224 South Elm Street

Windsor Locks, CT 06096

 

Windsor Locks Board of Selectmen

c/o Christopher R. Stone, Esq.

Chadwick, Libbey, Szilagy & Stone

287 Main Street

East Hartford, CT 06118

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission