FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a
Complaint by FINAL
DECISION
Thomas Wells,
Complainant
against Docket
#FIC 1997-173
Director of Health, Town of East Hampton;
and Conservation Commission, Town of East
Hampton
Respondents December
3, 1997
The
above-captioned matter was heard as a contested case on October 8, 1997, 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(1),
G.S., (§1-18a(a),
G.S., prior to Oct. 1, 1997).
2. By letter of complaint dated June 5, 1997
and filed on June 6, 1997 the complainant alleged that the respondents violated
the Freedom of Information (“FOI”) Act by denying him access to inspect a
report concerning the water quality of Lake Pocotopaug (hereinafter “requested
record”).
3. It is found that during the respondent
commission’s May 8, 1997 regular meeting (“meeting”), the respondent health
director made a presentation, and at that time handed out the requested record
to the respondent commission members present at the meeting. The requested record was made a part of the
respondent commission’s minutes of May 8, 1997.
4. It is found that at the meeting the
complainant asked the respondent health director to inspect the requested
record but was denied.
5. It is found that the respondent health
director provided the complainant with a copy of the requested record on June
7, 1997.
6. Section 1-18a(5), G.S., (§1-18a(d),
G.S., prior to Oct. 1, 1997) defines “public records or files” as “[a]ny
recorded data or information relating to the conduct of the public's business
prepared, owned, used, received or retained by a public agency, whether such
data or information be handwritten, typed, tape-recorded, printed, photostated,
photographed or recorded by any other method.”
7. Section 1-19(a), G.S., further provides in
relevant part:
Except as otherwise
provided by any federal law or state statute, all records maintained or kept on
file by any public agency, whether or not such records are required by any law
or by any rule or regulation, shall be public records and every person shall
have the right to inspect such records promptly during regular office or
business hours or to receive a copy of such records in accordance with the
provisions of section 1-15. Any agency
rule or regulation, or part thereof, that conflicts with the provisions of this
subsection or diminishes or curtails in any way the rights granted by this
subsection shall be void.
8. It is found that the requested record is a
public record within the meaning of §1-18a(5),
G.S., (§1-18a(d),
G.S., prior to Oct. 1, 1997) and §1-19(a),
G.S.
9. It is also found that the respondent health
director’s provision of access to the requested record on June 7, 1997 was not
prompt within the meaning of §1-19(a),
G.S., and therefore, he violated such provision.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. Henceforth, the respondent health director shall
strictly comply with the promptness requirement of §1-19(a),
G.S.
2. The Commission notes the apparent strained
relationship between the complainant and the respondent health director and
takes this opportunity to suggest that they attempt to improve their
communication in a spirit of cooperation to avoid further complaints of this
nature.
Approved
by Order of the Freedom of Information Commission at its special meeting of
December 3, 1997.
_________________________
Doris V. Luetjen
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:
Thomas Wells
42 North Main Street
East Hampton, CT 06424
Director of Health, Town of East Hampton;
and Conservation Commission, Town of East
Hampton
c/o Richard W. Tomc
49 Main Street
Middletown, CT 06457
__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-173/FD/tcg/12031997