FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Sharon B. Miller,

 

 

Complainants

 

 

against

 

Docket #FIC 1999-282

Town Manager, Town of South Windsor;

and Town of South Windsor,

 

 

Respondents

November 10, 1999

 

 

The above-captioned matter was heard as a contested case on September 16, 1999, at which time the complainant appeared, and presented exhibits and argument on the complaint.  The respondents did not appear.

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 by letter dated April 9, 1999, the complainant made a request to the respondent town manager for copies of or access to inspect the town’s files “regarding the use of the field by the ‘Eighteen and Over’ baseball league” and for copies of all incident reports and other records regarding an accident which occurred on the evening of June 8, 1997 at the Nevers Baseball Field II.

 

3.     It is found that on or about April 12, 1999, the complainant’s counsel received a call from the respondents indicating that the records would be provided within ten days.

 

4.     It is found that the complainant did not receive the records and by letter dated April 30, 1999, the complainant’s counsel informed the respondents that the complainant had not been provided with the records as promised and requested to hear from the respondents regarding the matter.

 

5.     It is found that by letter dated June 7, 1999, the complaintant made another request for the records as described in paragraph 2, above.

6.     By letter dated June 14, 1999 and filed on June 15, 1999, the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to comply with her request. 

 

7.     Section 1-210(a), G.S. [formerly §1-19(a), G.S.], provides in relevant part that:

[e]xcept 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.  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.     Section 1-212(a), G.S. [formerly §1-15(a), G.S.], provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record . . .”

 

9.     It is found that the requested records are public records within the meaning of §1-210(a), G.S. [formerly §1-19(a), G.S.].

 

10. It is found that the respondents failed to appear at the hearing on this matter and consequently, failed to prove that any exemption to disclosure applied to the requested records.

 

11. It is therefore concluded that the respondents violated the provisions of §1-210(a), G.S. [formerly §1-19(a), G.S.] by failing to comply with the complainant’s request.

 

12. At the hearing on this matter, the complainant requested attorney’s fees and the imposition of a civil penalty arguing that the respondents failed to comply with her request without claiming any statutory authority for doing so and that their failure to appear at the hearing was a costly waste of time for both she and the Commission.

 

13. It is found that, while the respondents’ failure to appear to show cause as to why the requested records were not provided was a costly waste of time for both the complainant and this Commission, the Commission lacks the statutory authority to order payment of attorney’s fees.

 

14. The Commission is disinclined to issue civil penalties in this case solely for the reason that such a penalty would necessarily require another hearing at which the complainant would be obliged to appear.

 

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

 

1.     The respondents shall forthwith provide the complainant with copies of all of the records requested as described in paragraph 2 of the findings, above, free of charge.

 

2.     Henceforth, the respondents shall strictly comply with the requirements of the FOI Act.

 

3.     The Commission shall take administrative notice of the findings and conclusion in this matter in consideration of any prospective requests for civil penalties against the respondents. 

 

4.     The respondents shall post forthwith a copy of this decision in a publicly accessible place in town hall for a period of thirty (30) days.

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of

November 10, 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:

 

Sharon B. Miller

c/o Atty. Stanley Falkenstien

113 East Center Street

Manchester, CT  06040-5243

 

Town Manager, Town of South Windsor;

c/o Town Manager

Town of South Windsor

1540 Sullivan Avenue

South Windsor, CT  06074-2786

and

Town of South Windsor

c/o Town of South Windsor

1540 Sullivan Avenue

South Windsor, CT  06074-2786

 

 

 

 

 

 

 

 

 

 

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

 

FIC1999-282/FD/mrb/11121999