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FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Linda
D. Nelson, |
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Complainants |
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against |
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Docket
#FIC 1999-265 |
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First Selectman, Town of Burlington; Board of Selectmen,
Town of Burlington; and Town of Burlington, |
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Respondents |
October
13, 1999 |
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The above-captioned matter was heard as a contested case on August 9, 1999, 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 §1-200(1), G.S. [formerly §1-18a(1), G.S.]
2. By letter dated May 12, 1999, the complainant requested from the respondent first selectman “a copy of [the] resignation letter from assistant to the [r]ecreation [d]irector, Joanne McBrien, read, in part, at a recent [b]oard of [s]electmen meeting.”
3. Having received no reply to her letter described in paragraph 2, above, the complainant made a second written request for the subject resignation letter to the respondent board of selectmen, and copied such request to the respondent first selectman.
4. On May 28, 1999, the complainant received by mail, a copy of a letter to the respondent first selectman from Karen Carchidi, the former assistant to the Burlington Recreation Director objecting to disclosure of the subject resignation letter.
5. By letter dated June 8, 1999 and filed June 9, 1999, the complainant appealed to the Commission asking whether the “Freedom of Information Commission require[s ] proof of receipt of correspondence from Town Officials such as a stamp, indicating date of such receipt, as I have no knowledge of when Karen Carchidi’s letter of protest was received by the First Selectman.” The complainant also maintained that the protest letter was received a day late.
6. Section 1-206(b)(1), G.S., [formerly Section 1-21i(b)(1), G.S.], provides:
“Any person denied the right to inspect or copy records under section 1-210 or wrongfully denied the right to attend any meeting of a public agency or denied any other right conferred by the Freedom of Information Act may appeal therefrom to the Freedom of Information Commission, by filing a notice of appeal with said commission.”
7. It is found that while perhaps desirable as an administrative practice, nothing in the Freedom of Information Act requires a public agency to document proof of receipt of correspondence, by way of a date-stamp or any other means.
8. It is therefore concluded that the complainant has failed to allege a denial of any right conferred by the Freedom of Information Act within the meaning of §1-206(b)(1), G.S. [formerly §1-21i(b)(1), G.S.], and that the Commission therefore lacks jurisdiction over the complainant’s appeal.
9. At the hearing on this matter, the complainant made additional allegations concerning the availability of the respondent board of selectmen’s minutes and its practice of filing such minutes with the town clerk, rather than maintaining such minutes in the respondent board of selectmen’s office.
10. Although there was significant testimony and evidence given with respect to the minutes allegations raised by the complainant at the hearing on this matter, which may clarify for the complainant the respondent board of selectmen’s process concerning the filing of minutes, it is found that such allegations were not raised in the complainant’s appeal. The Commission therefore lacks jurisdiction to consider herein the complainant’s allegations with respect to the respondent board of selectmen’s minutes.
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.
2. Nothing in this decision shall be construed as commenting on the merits of the respondents’ claims with respect to the propriety of withholding the subject resignation letter from disclosure, as that issue was not raised in the complaint.
Approved by Order of the Freedom of Information Commission at its regular meeting of
October 13, 1999.
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Melanie R. Balfour
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:
Linda D. Nelson
472 Jerome Avenue
Burlington, CT 06013
First Selectman, Town of Burlington;
Board of Selectmen, Town of
Burlington;
and Town of Burlington
c/o Atty. Charles Bauer
Eisenburg, Anderson,
Michalik & Lynch
Box 2950
136 West Main Street
New Britain, CT 06050
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-265/FD/mes/10141999