FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a
Complaint by FINAL
DECISION
Ron Robillard, Dale Faulkner and The
Chronicle Printing Company, Inc.
Complainants
against Docket
#FIC 1997-110
Tax Collector, Town of Windham and
First Selectman, Town of Windham
Respondents February
11, 1998
The above-captioned
matter was heard as a contested case on August 20, 1997, at which time the
complainants 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. It is found that by letter dated March 6,
1997 the complainants requested that the respondent tax collector provide them
with copies of records pertaining to past due water and sewer bills owed to the
town of Windham (“town”) by the YMCA of Willimantic (“YMCA”). Specifically, the complainants requested the
following records, (“requested records”):
a) past due water and sewer bills for 842 Main
Street and 157 Boston Post Road;
b) correspondence indicating the amount of any
delinquency; and
c) any payment plan established between the
town and the YMCA.
3. It is found that the respondent first
selectman denied the request on March 7, 1997.
4. By letter dated March 20, 1997 and filed on
March 27, 1997, the complainants appealed to the Commission alleging that the
respondents violated the Freedom of Information (“FOI”) Act by denying them
copies of the requested records.
5. It is found that the town recorded tax liens
on its land records against the YMCA because of the YMCA’s delinquent water and
sewer bills now at issue in this appeal.
6. Section 1-18a(5), G.S., (1-18a(d), G.S.,
prior to Oct. 1, 1997) defines “public records or files” 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.”
7. Section 1-19(a), G.S., 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 concluded that the requested 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.
9. The respondents contend that §16-262c(e),
G.S., precludes disclosure of the requested records, and further that §16-262g,
G.S., would subject them to possible liability.
10. Section 16-262c(e), G.S., provides:
No provision of
chapter 3 [including the FOI Act] shall be construed to require or permit a
municipal utility furnishing electric, gas or water service, a municipality
furnishing water or sewer service, a district established by special act or
pursuant to chapter 105 and furnishing water or sewer service or a regional
authority established by special act to furnish water or sewer service to
disclose under chapter 3 records which identify or could lead to identification
of the utility usage or billing information of individual customers, to
the extent such disclosure would constitute an invasion of privacy. [Emphasis added].
11. Section 16-262g, G.S., provides that “[A]ny
wilful or malicious violation of sections 16-262c to 16-262i, inclusive, by any
agent, owner, lessor, manager or any company or municipal utility shall be
punishable by a fine of not more than five hundred dollars or imprisonment for
not more than thirty days or both.”
12. It is found that generally the word
“individual” refers to a human being rather than another form of juridical
person such as a corporation or other business entity.
13. It is also found that the legislative intent
of §16-262c(e),
G.S., was to protect the utility usage and billing records of individuals, to
the extent that disclosure of such individuals’ records would constitute an
invasion of their privacy.
14. It is further found that the YMCA is not an
“individual” customer within the meaning of §16-262c(e),
G.S.
15. It is therefore, concluded that §§16-262c(e)
and 16-262g, G.S., do not prohibit disclosure of the requested records.
16. Consequently it is concluded that the
respondents violated §§1-15(a)
and 1-19(a), G.S., when they failed to provide the complainants with a copy of
the requested records.
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
complainants with a copy of the requested records, as more fully described in
paragraph 2a, 2b and 2c of the findings, above.
2. Henceforth, the respondents shall strictly
comply with §§1-15(a)
and 1-19(a), G.S.
3.
The Commission notes that liens for delinquent water and sewer accounts are
matters of public record. Consequently,
public policy dictates that information such as that ordered disclosed herein
ought likewise to be a matter of public record.
Approved
by Order of the Freedom of Information Commission at its regular meeting of
February 11, 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:
Ron Robillard, Dale Faulkner and The
Chronicle Printing Company, Inc.
One Chronicle Road
P.O. Box 148
Willimantic, CT 06226-0148
Tax Collector, Town of Windham and
First Selectman, Town of Windham
c/o Atty. Kevin M. Tighe
21 East Main Street
P.O. Box 425
Mystic, CT 06355
__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-110/FD/tcg/02111998