FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final
Decision
Daniel F. O’Connor,
Complainant,
against Docket
#FIC 95-373
Clerk, Candlewood Isle Tax
District and Candlewood Isle Tax District
Respondents August
28, 1996
The above-captioned matter was heard as a
contested case on May 21 and July 2, 1996, at which times the complainant and
the respondents appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint.
Docket #s FIC 1995-312 and 1995-332, Kathy Neth, Clerk, Candlewood
Isle Tax District; Ellen Berk, John Lavagnini; Francine Leniston; Robert
Maloney; Linda Shine-Wise; Jerry Ryan; Edward Asvazadourian; Don Torre and
Candlewood Island Tax District, Board of
Directors were consolidated
with the above-captioned case for purpose of hearing.
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 October
20, 1995 and filed with the Commission on October 26, 1995, the complainant
appealed to the Commission alleging that the respondents violated the Freedom
of Information (“FOI”) Act by:
a. denying him prompt access to inspect and to
copy records requested on August 7, 1995; and
b. failing to maintain an office where the
Candlewood Isle Taxing District’s records may be accessed by the public.
3. The Commission takes administrative
notice of the records and decisions in docket #s FIC 1995-312 and FIC 1995-332,
Kathy Neth, Clerk, Candlewood Isle Tax District; Ellen Berk, John Lavagnini;
Francine Leniston; Robert
Docket
#FIC 1995-373 Page
2
Maloney; Linda
Shine-Wise; Jerry Ryan; Edward Asvazadourian; Don Torre and Candlewood Island
Tax District, Board of Directors.
4. It is found that the allegations in
this complaint have been addressed in the Hearing Officer’s Reports of Docket
#s FIC 1995-312 and 1995-332.
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 August 28, 1996.
__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket # FIC 1995-373 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:
Daniel F. O’Connor
7 Peter Cooper Road
New York, New York 10010
Clerk, Candlewood Isle Tax District and
Candlewood Isle Tax District
c/o Francis
J. Collins, Esq.
148 Deer Hill Avenue
P.O. Box 440
Danbury, CT 06810
__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC1995-373FD