FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Lorraine Tirella,

Complainant

against Docket #FIC1996-008

Kate Cosgrove, First Selectman,

Town of Oxford; Theodore Oczkowski,
Victoria Anderson, Harold Olsen,
Robert Fitzgerald, Michael Lyon,
Delores Morrell, Enio Pucci, Karin
Burke, Ken Rottman, Colleen Lundgren,
and Paul McGinnis, as members of the
Park and Recreation Commission, Town of Oxford;

and Park and Recreation Commission,

Town of Oxford,

Respondents October 9, 1996

The above-captioned matter was heard as a contested case on April 24, 1996, at which time the complainant and respondents appeared and presented testimony, exhibits and argument on the complaint. The case-caption has been amended to reflect the fact that the complainant sought civil penalties against the named respondents as a remedy in this case at the time that she filed her complaint.

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 and filed with this Commission on January 22, 1996 (“appeal”), the complainant, who is a member of the respondent park and recreation (“P&R”) commission, alleged that the respondents violated the access provisions of the Freedom of Information (“FOI”) Act by denying her access to respondent P&R commission correspondence and records (“mail”) on January 18, and January 22, 1996, and by keeping P & R records in locked file cabinets.

3. By letter to the Commission dated January 23, 1996 and filed January 25, 1996 (“amendment”), the complainant amended her appeal to request the imposition of civil penalties against the respondents.

4. The complainant alleges that on January 18, and January 22, 1996, the respondent first selectman would not permit her to retrieve P&R commission mail from the P&R mail slot in town hall.

5. The complainant alleges that the respondent first selectman told her that she had to make an appointment with the respondent P&R commission’s clerk for access to P&R mail.

6. It is found that at the respondent P&R commission’s meeting of December 5, 1995, Cindy Peck, the clerk of the P&R commission, was designated as the only person authorized to handle and sort incoming P&R commission mail.

7. Section 1-19(a), G.S., states in relevant part that:

… all records maintained or kept on file by any public agency … shall be public records
and every person shall have the right to inspect such records promptly during regular
office or business hours ….

8. It is found that the complainant was attempting to retrieve P&R commission mail before the mail had been picked up and processed by the P&R commission, and therefore the mail was not then maintained or kept on file by the respondents, within the meaning of §1-19(a), G.S.

9. Therefore, it is concluded that the respondents did not violate the provisions of §1-19(a), G.S., by prohibiting the complainant from viewing and handling P&R commission mail before it had been received by the P&R commission.

10. With respect to the complainant’s allegation that P & R Commission records are being kept in locked file cabinets, the complainant failed to prove a violation of the provisions of §1-19(a), G.S.

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 October 9, 1996.

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

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:

Lorraine Tirella

11 Larkey Road

Oxford, CT 06478

Kate Cosgrove, First Selectman, Town of Oxford; Theodore Oczkowski, Victoria Anderson, Harold Olsen, Robert Fitzgerald, Michael Lyon, Delores Morrell, Enio Pucci, Karin Burke, Ken Rottman, Colleen Lundgren, and Paul McGinnis, as members of the Park and Recreation Commission, Town of Oxford; and Park and Recreation Commission, Town of Oxford

c/o Kate Cosgrove

486 Oxford Road

Oxford, CT 06478

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission