FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
Barbara M. Brennan,
		Complainant
	against		Docket #FIC 1999-393
Tax Assessor, City of West Haven,
		Respondents	April 26, 2000

            The above-captioned matter was heard as a contested case on January 7, 2000, at which time the complainant and the respondent 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 is a public agency within the meaning of §1-200(1), G.S.

 

2.  It is found that on or about August 3, 1999, the complainant visited the respondent’s office, and at that time requested access to inspect the Motor Vehicle Grand List Books for 1996, 1997 and 1998 (hereinafter “requested records”).

 

            3.  It is found that the respondent denied the complainant’s request on the basis that she was unsure whether the requested records were disclosable to the public under the Freedom of Information (“FOI”) Act in light of the Driver’s Privacy Protection Act, 18 U.S.C. §2721, et seq. (“FDPPA”) and §14-10, G.S., previously Public Act 97-266.

 

4.  By letter dated August 21, 1999 and filed August 24, 1999, the complainant appealed to the Commission alleging that the respondent denied her access to the requested records.

 

5.  It is concluded that the requested records are public records within the meaning of §1-200(5), G.S.  [formerly §1-18a(5), G.S.] and §1-210(a), G.S. [formerly §1-19(a), G.S.].

 

6.  The Commission takes administrative notice of the final decision in contested case docket #FIC 1999-097, Barbara M. Brennan v. Assessor’s Office, City of Bridgeport; and City of Bridgeport (hereinafter “FIC 1999-097”), which is currently on appeal before the superior court, CV 99-0365418 Pamela Davis v. Freedom of Information Commission.

 

7.  In FIC 1999-097, the Commission addressed the issue of disclosure of records similar to the requested records, and concluded that such records are not barred from disclosure by the FDPPA or §§14-10 and 14-50a(d), G.S.

 

            8.  It is therefore concluded that the requested records are not exempt from disclosure, and that the respondent violated §1-210(a), G.S. [formerly §1-19(a), G.S.], when she failed to provide the complainant with access to the requested records at the time of the complainant’s visit, described in paragraph 2, above.

 

 

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

 

1.  The respondent assessor shall forthwith provide the complainant with access to inspect the requested records, if she has not already done so.

 

2.  The Commission notes that although a violation was found in this case, the Commission is aware that the respondent at the time of the request in question was genuinely confused as to what her responsibilities were regarding disclosure of the requested records, that she expeditiously sought the assistance of counsel immediately upon receipt of the complainant’s request, and that the requested records have been made available for public inspection since August 5, 1999.

 

 

 

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

April 26, 2000.

 

 

 

_________________________

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:

 

 

Barbara M. Brennan

11 Liberty Place

Clinton, CT  06413-1709

 

 

Tax Assessor, City of West Haven

355 Main Street

West Haven, CT  06516

 

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

FIC1999-393FD/mrb/04/27/00