FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
William Jezouit,
Complainant,
against Docket #FIC 1996-039
Windsor Housing Authority and Board of
Commissioners, Windsor Housing Authority,
Respondents, July 24, 1996
The above-captioned matter was heard as a contested case on March 27, 1996, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of §1-18a(a), G.S.
2. By letter of complaint dated January 12, 1996 and filed with the Commission on January 16, 1996, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to comply with the Commission’s order in contested case docket #FIC 95-109, William Jezouit v. Windsor Housing Authority and Board of Commissioners Windsor Housing Authority, (hereinafter FIC “95-109”).
3. In FIC 95-109, the Commission ordered that within one week of the mailing of the notice of final decision the respondents shall provide the complainant with a copy of the proposed request for proposal for management services (RFP) discussed at the respondent board’s March 27, 1995 meeting, and that the respondent board simultaneously provide the complainant with an affidavit, attesting that the RFP discussed at the March 27, 1995 meeting has been so provided to the complainant.
4. The notice of the final decision in FIC 95-109 was mailed on January 2, 1996.
Docket #FIC 1996-039 Page 2
5. It is found that the respondents provided the complainant with copies of certain RFPs on January 15, 1996, six days later than ordered , and provided him with the affidavit on February 5, 1996, twenty-seven days later than ordered.
6. It is concluded that the respondents failed to timely comply with the Commission’s order in FIC 95-109.
7. However, it is concluded that the respondents failure to timely comply with the Commission’s order was not without reasonable grounds.
8. The complainant contends that the RFPs the respondents provided to him are undated, and therefore he is unable to ascertain whether they include the March 27, 1995 RFP.
9. It is found that no draft RFP was dated and the RFPs provided to the complainant constitute all of the draft RFPs that the respondents could locate.
10. It is therefore concluded that the respondents have provided the complainant with all RFPs they could locate that are responsive to the Commission’s order for the RFP discussed at the March 27, 1995 meeting.
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 July 24, 1996.
__________________________
Doris V. Luetjen
Acting Clerk of the Commission
fic1996-039/fd/mwp/07311996
Docket #FIC 1996-039 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:
William Jezouit
40 Henry Street #8
Windsor, CT 06095
Windsor Housing Authority and Board of Commissioners, Windsor Housing Authority
c/o Atty. W. Herbert Reckmeyer
Arnold & Associates
80 Cedar Street
Hartford, CT 06106
and
c/o Mary Ellen Wolf
Windsor Housing Authority
Shad Run Terrace
40 Henry Street
Windsor, CT 06095
__________________________
Doris V. Luetjen
Acting Clerk of the Commission