FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

R. Devine,

 

 

Complainants

 

 

against

 

Docket #FIC 1999-247

Chairman, Board of Assessment Appeals,

City of Middletown; Board of Assessment

Appeals, City of Middletown; and City of

Middletown

 

 

Respondents

October 27, 1999

 

The above-captioned matter was heard as a contested case on August 26, 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.  It is found that on May 3, 1999, the complainant requested that the respondent chairman permit him to inspect records concerning “the review of certain tax appeal determination.”

 

3.  It is found that on May 13, 1999, the respondent chairman permitted the complainant access to inspect records responsive to the complainant’s request, however, the records provided did not include any handwritten notes (hereinafter “notes”) taken by the respondent chairman and other members of the respondent board during the complainant’s tax appeal hearing and subsequent discussion.

 

4.  By letter of complaint dated May 17, 1999 and filed on May 24, 1999, the complainant appealed to the Commission alleging that the respondent chairman violated the Freedom of Information (“FOI”) Act by denying him access to the notes.

 

5.  It is found that the records at issue in this complaint are the notes taken by the respondent chairman and any other members of the respondent board during the complainant’s tax appeal hearing and subsequent discussion.

 

6.  Section §1-210(a), G.S., (formerly §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 1-212.

 

7.  It is found that during the respondent board’s tax appeal hearings notes are generally taken for the purpose of creating minutes and once minutes are prepared such notes are then discarded.

 

8.  It is found that the respondent chairman took notes during the complainant’s tax appeal hearing, which he used to create minutes, and then he discarded such notes.

 

9.  It is found that the notes, described in paragraph 8 above, were never “maintained or kept on file” by the respondents within the meaning of §1-210(a), G.S., (formerly §1-19(a), G.S.), but were simply created to facilitate the preparation of formal minutes.

 

10.  It is also found that all of the records responsive to the complainant’s request have been made available to him by the respondents, and there is no evidence to support a finding that the respondent chairman tried to deny the complainant access to any information concerning the complainant’s tax appeal.

 

11.  It is therefore, concluded that the respondent chairman did not violate the FOI Act as alleged in the complaint.

 

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

October 27, 1999.

 

 

_________________________

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:

 

 

R.    Devine

55 Laureate Drive

Middletown, CT.  06457

 

Chairman, Board of Assessment Appeals,

City of Middletown; Board of Assessment

Appeals, City of Middletown; and City of

Middletown

c/o Trina A. Solecki, Esq.

City Attorney

245 DeKoven Drive

P. O. Box 1300

Middletown, CT.  06457

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

 

FIC1999-247/FD/mes/11011999