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