FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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| Connecticut Post Limited Partnership, |
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Complainant |
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against |
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Docket #FIC 2000-046 |
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Commissioner, State of Connecticut, |
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Respondents |
April 26, 2000 |
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The above-captioned matter was scheduled to be heard as a contested case on April 12, 2000, at which time the complainant and the respondent reached the terms of an agreement in resolution of this contested case, as set forth below. For purposes of hearing, this case was consolidated with Docket #FIC 2000-023; Connecticut Post Limited Partnership against Legislative Liaison, State of Connecticut, Department of Economic and Community Development.
TERMS
OF AGREEMENT
“Re: Docket # FIC 2000-097
Docket # FIC 2000-098
Docket # FIC 2000-023
Docket # FIC 2000-046
Docket # FIC 2000-145
1. The complainant hereby withdraws its sanction request against the Department of Economic and Community Development (the “DECD”) with prejudice.
2. The DECD hereby authorizes The Maguire Group, Inc. (“Maguire Group”) and Connecticut Economic Resource Center, Inc. (“CERC”) to permit the complainant to inspect and/or copy all documents (paper and electronic) in their possession relating to the proposed Long Wharf Mall. CERC and Maguire Group agree to comply promptly with this authorization and also to cause their subcontractors to permit the complainant to inspect and/or copy all documents (paper and electronic) in the subcontractors’ possession relating to the proposed Long Wharf Mall.
3. DECD shall promptly provide the complainant with copies of the inputs and assumptions used for the REMI and IMPLAN economic models in the FONSI (these copies are to be obtained from the consultants).
4. DECD shall promptly provide copies to the complainant of the following two documents claimed to be exempt:
(i) 6/8/98 draft correspondence from Mr. Ellef to Mr. Abromaitis (3 pages); and
(ii) 1/18/00 draft correspondence from Mr. Abromaitis to Mr. Ryan (1 page).
5. DECD shall promptly review two “Friday back-up tapes” selected at random by the complainant. This review is to be by an agreed computer search for selected terms and is for responsive e-mail only. The complainant will pay the reasonable costs of this process not to exceed $100. The complainant reserves the right to make new FOIA requests to DECD for additional backup tapes containing responsive documents. DECD agrees to review any such backup tapes for responsive documents, provided that the complainant will pay the reasonable costs of this process. For purposes of this paragraph it is understood that the costs to be paid by the complainant do not include the time that the DECD may spend to review records to determine whether they are responsive to the complainant’s requests or to determine whether they may contain exempt material. The complainant withdraws its FOIA request to the DECD for computer records dated April 4, 2000, and DECD shall revert to its customary and usual procedures for backing up its user documents.
6. DECD shall finish the re-sweep procedure by April 20, 2000 for documents dated prior to March 27, 2000, and DECD promptly shall provide a withheld list identifying any document withheld. The complainant reserves the right to appeal to the FOIC regarding any document that is withheld.
7. Pursuant to bi-weekly FOIA requests by the complainant, DECD agrees to undertake a “rolling” public record production to the complainant approximately every two weeks, and DECD further agrees to provide promptly a withheld list identifying any document withheld. The complainant reserves the right to appeal to the FOIC regarding any document that is withheld. The complainant further reserves the right, under the FOIA, to inspect and copy public records more frequently.
8. The complainant shall withdraw all of the above FOIA complaints against DECD, CERC, and Maguire Group.”
The following order by the Commission is hereby recommended on
the basis of the foregoing terms of agreement concerning the above-captioned
complaint:
1. The complaint is hereby
dismissed.
2. The Commission commends all parties for reaching
non-litigated settlements of these several matters.
Approved by Order of the Freedom of Information Commission at its regular meeting of
April 26, 2000.
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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:
Connecticut Post Limited Partnership
c/o Atty. William S. Fish, Jr.
Tyler Cooper & Alcorn, LLP
Commissioner, State of Connecticut, Department of Economic and Community Development
c/o Atty. William Prensky
Assistant Attorney General
55 Elm Street, PO Box 120
Hartford, CT 06141-0120
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC2000-046FD/mrb/04/28/00