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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Christina Burkert and Protective Services |
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Complainant |
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against |
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Docket #FIC 1999-588 |
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First Selectman, Town of Windsor Locks, |
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Respondents |
June 14, 2000 |
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The above-captioned matter was heard as a contested case on February 16, 2000,
at which time the complainants appeared, and provided testimony, an exhibit
and argument on the complaint; however the respondent failed to appear.
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. [formerly §1-18a(1),G.S.].
2. It is found that by letters dated November 30, 1999, the complainants requested that the respondent provide them with the following, (hereinafter “requested records”):
a. the arrangements, or means of procurement of the cardiac monitoring/ defibrillators used by the Windsor Locks Lions Club Ambulance;
b. the arrangements, or means of procurement of the Windsor Locks Lions Club Ambulance paramedic ambulance; and
c. the names and certifications of all employees, and participants of the Windsor Locks Lions Club Ambulance, including the volunteer members.
3. Having failed to receive the requested records, the complainants, by letter dated December 8, 1999 and filed on December 10, 1999, appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying them access to the requested records.
4. It is found that the complainants have been trying to get the requested records since May 4, 1999 when they first made a request to Mr. Molinari of the Windsor Locks Lions Club Ambulance, an entity with whom the town of Windsor Locks contracts and which provides paramedic, specifically, Primary Service Area (“PSA”) services.
5. Section 1-200(5), G.S. [formerly §1-18a(5), G.S.] defines public records to mean “[a]ny recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.”
6. Section 1-210(a), G.S. [formerly §1-19(a), G.S.], further provides:
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.
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.
7. It is unclear from the record
what the respondent’s position is because neither the respondent nor a
representative appeared at the hearing on this matter, even though the
respondent received notice of the hearing, as evidenced by the signed return
receipt indicating delivery of the Commission’s Notice of Hearing.
8. However, if the
requested records exist and are maintained by the respondent, such 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.].
9. It is concluded that the
respondent failed to prove that the requested records, if they exist, are
exempt from disclosure pursuant to any federal law or state statute, within
the meaning of §1-210(a), G.S. [formerly §1-19(a),
G.S.].
10. Consequently, it is further
concluded that if the requested records exist, the respondent violated
§1-210(a), G.S. [formerly §1-19(a),
G.S.], when he failed to promptly provide the complainants with a copy of such
records.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Forthwith, the respondent shall provide the complainants with a copy of the requested records, if they exist, without charge.
2. If the requested records do not exist, the respondent shall forthwith so inform the complainants in a written affidavit attesting to that fact.
3. The respondent’s failure to timely provide the requested records to the complainants is troubling. Furthermore, the respondent or his representative’s failure to appear at the FOI Commission’s scheduled hearing suggests that the Office of the First Selectman’s internal mechanism for handling FOI matters needs to be reviewed.
Approved by Order of the Freedom of Information Commission at its regular meeting of
June 14, 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:
Christina Burkert and Protective Services Employees Coalition, IAFF Local S-15
705 North Mountain Road
Newington, CT 06111-1411
First Selectman, Town of Windsor Locks
c/o Atty.
Heidi J. Daraskevich
Chadwick,
Libbey & Stone
555 Franklin
Avenue
Hartford, CT 06114
__________________________
Melanie R. Balfour