FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1996-125 and Docket #FIC 1996-126
January 8, 1997
In the Matter of a Complaint by Sandi Pinnone and Richland Pest and Bee Control, Inc. Complainant(s)
against
Director, Bristol Housing Authority; and Bristol Housing Authority, Respondent(s)

The above-captioned matters were heard as contested cases on September 30, 1996, at which time the complainants and respondents appeared, stipulated to certain facts, and presented testimony, exhibits and argument on the complaints.

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. It is found that by letter to the respondents dated March 14, 1996, and received, March 16, 1996, the complainants requested information relating to the bidding of the pest control contract for the respondent housing authority, and the complainants asked the respondents to "state the intentions for pest control service by the [respondent] housing authority when the current contract expires," ("first request").

3. It is found that by letter to the respondents dated March 28, 1996, and received April 1, 1996, the complainants requested copies of bids submitted to the respondents for pest control service for the 1995-1996 contract award period ("second request").

4. It is found that by letter dated April 17, 1996 ("April letter"), the respondents advised the complainants that their contract would not be renewed upon its expiration, and that the respondents did not plan to seek competitive bids.

5. By letters of complaint dated April 11, 1996, and filed with the Commission on April 15, 1996, the complainants alleged that the respondents violated § § 1-15(a) and 1-19(a), G.S., by failing and refusing to respond to, or comply with, their requests for copies of certain records ("appeal").

6. The respondents argue that their April letter was timely and sufficient compliance with the complainants’ first request because there were no documents to provide, and despite the fact that the request for a statement of intentions is not a request for records, such a statement was nonetheless provided.

7. It is found that the request for a statement of the respondents’ intentions as sought in the complainants’ first request does not constitute a request for records within the meaning of § § 1-15(a) or 1-19(a), G.S.

8. With respect to the complainants’ second request, the respondents argue that the requested records were mailed to the complainants by regular mail within four days of the request, and mailed again with a cover letter dated June 28, 1996.

9. It is found that the requested records are public records within the meaning of § 1-18a(d), G.S.

10. Section 1-15(a), G.S., provides that "[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record…."

11. It is found that three businesses, AAA Exterminating, Acme Pest Control and the complainants submitted bids to the respondents for pest control service for the 1995-96 contract award period ("bid documents").

12. It is found that the complainants never received a copy of any bid documents prior to July 1996, when they first received a triplicate copy of AAA Exterminating’s bid documents from the respondents.

13. At the hearing on these matters the respondents provided the complainants with copies of all three sets of bid documents.

14. It is concluded that the respondents violated § 1-15(a), G.S., by failing to promptly comply with the complainants’ requests for copies of bid documents in their second request.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. Henceforth the respondents shall strictly comply with the provision of § 1-15(a), G.S.

Approved by Order of the Freedom of Information Commission at its regular meeting of January 8, 1997.

__________________________
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:

Sandi Pinnone
P.O. Box 340396
Hartford, CT 06134-0396

Laurel Robinson, Executive Director Housing Authority of the City of Bristol
31 Quaker Lane
Bristol, CT 06101

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC 1996-125, FIC 1996-126/FD/eal/011796