FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Michael B. Montanaro,

Complainant

against Docket #FIC 1997-205

Joseph J. Crisco, Jr., State Senator,

State of Connecticut, General Assembly,

Respondent January 14, 1998

The above-captioned matter was heard as a contested case on October 20, 1997, at which time the complainant and the respondent appeared, 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. By letter dated June 15, 1997, the complainant requested that the respondent provide him with the name of the constituent who complained to the respondent concerning an advertisement placed by the complainant in the telephone book (the record containing such name being the “requested record”).

2. By letter dated June 26, 1997, the respondent declined to furnish the requested record to the complainant, claiming that “communications from constituents to their elected representatives or senators are confidential”.

3. By letter filed with the Commission on July 7, 1997, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information Act by failing to furnish the requested record to the complainant.

4. Section 1-18a(a), G.S., defines “public agency” as:

any executive, administrative or legislative office of the state

or any political subdivision of the state and any state or town

agency, any department, institution, bureau, board, commission,

authority or official of the state….[emphasis added]

5. And §1-18a(d), G.S., defines “public records” as:

any 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. [emphasis added]

6. The Commission has previously ruled that communications between a legislator and a constituent are part of “a political constituent service, unrelated to the constitutional or statutory duties of a member of the legislature or of a state official” and, therefore, within this context, a member of the legislature is not a “public agency” as defined by §1-18a(a), G.S. Ethan Book, Jr., v. State Representative John G. Metsopoulos, Docket #FIC 1994-269, May 30, 1995.

7. It is found that the requested record is the record of a communication between a legislator and a constituent, and thus, is part of “a political constituent service”.

8. It is concluded that the respondent was not acting in his capacity as a “public agency”, as defined by §1-18a(a), G.S., when he received the requested record.

9. It is also concluded that the requested record is not a “public record”, as defined by §1-18a(d), G.S.

10. Accordingly, it is concluded that the respondent did not violate §§1-19(a) or 1-15(a), G.S., when he declined to furnish the requested record.

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 January 14, 1998.

_________________________

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:

Michael B. Montanaro

5294 Park Avenue

Bridgeport, CT 06604

Joseph J. Crisco, Jr., State Senator,

State of Connecticut, General Assembly

c/o Carolyn K. Queijiero, AAG

55 Elm Street

P.O. Box 120

Hartford, CT 06141-0120

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

FIC1997-205/FD/tcg/01141998