FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Daniel Kelley,

Complainant

against Docket #FIC 1997-130

Mayor, City of Groton, and City

of Groton

Respondents January 28, 1998

The above-captioned matter was heard as a contested case on September 22, 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 respondent mayor is a public agency within the meaning of §1-18a(1), G.S., (§1-18a(a), G.S., prior to Oct. 1, 1997).

2. It is found that on April 8, 1997 the complainant requested that the respondent mayor provide him with information pertaining to certain charges to the police department reflected in the May and October 1996 highway monthly reports under the category of “outside charges”. Specifically, the complainant requested the following, hereinafter (“requested records”):

a. the amount charged the police department in May 1996 for a vehicle storage parking area; the total expenses associated with the vehicle storage parking area; and the location of the vehicle storage parking area; and

b. the amount charged the police department in October 1996 for installing an eleven space parking area; the total expenses associated with installing the eleven space parking area; and the location of the eleven space parking area.

3. The complainant also requested in his April 8, 1997 letter to the respondent mayor other information about costs associated with the “muni building”, however, at the hearing on this matter, neither the complainant nor the respondents addressed the “muni building” request. Accordingly, this decision is limited to the evidence provided at the hearing concerning the records requested and described in paragraph 2, of the findings, above.

4. It is found that the complainant’s April 8, 1997 request was received by the city of Groton (“city”) clerk’s office on April 8, 1997 and later forwarded to the city’s department of finance.

5. It is found that neither the office of the respondent mayor nor the city’s finance department responded to the complainant’s request.

6. Having failed to receive the requested records the complainant, by letter dated April 15, 1997 and filed on April 23, 1997, appealed to the Commission, alleging that the respondent mayor violated the Freedom of Information Act by denying him access to the requested records.

7. It is found that records responsive to the complainant’s request are maintained in the city’s department of finance and such records are public records 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.

8. It is found that the city’s finance director compiled the records described in paragraph 7 of the findings, above, however, neither his office nor the respondent mayor’s office contacted the complainant to inform him that the records were ready and available.

9. It is found that as of the date of the hearing on this matter, the records compiled and described in paragraph 8 of the findings, above, are still in the city finance director’s desk.

10. It is found that the respondents failed to provide the complainant with access to the requested records.

11. It is therefore, concluded that the respondents violated §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. Forthwith, the respondents shall provide the complainant with a copy of the requested records, if such records have not yet been provided.

2. Henceforth, the respondents shall strictly comply with §1-19(a), G.S.

3. The Commission notes the apparent strained relationship between the complainant and the respondents 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 regular meeting of January 28, 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:

Daniel Kelley

48 Old Farms Road

Groton, CT 06340

Mayor, City of Groton; and City of Groton

c/o Peter Gianacoplos

Bartinik, Gianacoplos, Bates & Groton

100 Fort Hill Road

P.O. Box 942

Groton, CT 06340

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

FIC1997-130/FD/tcg/01281998