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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Kenneth D. Backman, |
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Complainant |
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against |
Docket #FIC 2000-394 |
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Chairperson,
State of Connecticut, |
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Respondents |
November 8, 2000 |
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The above-captioned matter was heard as a contested
case on August 24, 2000, 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.
2. By letter dated June 30, 2000, the complainant made a
request to the respondent chairperson for:
a. “copies of CL&P’s legal and/or lobby efforts
when Public Act 96-182
and 99-207 were being written and passed by the Connecticut
Legislature;
b.
copies
of any guidelines for tree trimming and removal that CL&P has to follow in
the State of Connecticut; and
c.
copies
of all correspondence between DPUC and CL&P regarding [the complainant’s]
request for information starting with [his] May 8th complaint to the present.”
3.
By
letter dated July 21, 2000 and filed on July 24, 2000 the complainant appealed
to this Commission alleging that the respondents violated the Freedom of
Information (“FOI”) Act by failing to respond to his request.
4.
By
letter dated July 25, 2000 to the Commission the complainant amended his
complaint to add a request that civil penalties be imposed against the
respondents.
5.
Section
1-210(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 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.”
6.
Section
1-212(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 . . . .”
7.
It is
found that the requested records, to the extent such records exist, are public
records within the meaning §1-210(a), G.S.
8.
With
respect to the complainant’s request described in paragraph 2a, above, it is
found that the respondent does not maintain or keep on file any records
responsive to such request.
9.
With
respect to the complainant’s request described in paragraph 2b, above, it is
found that on or about July 27, 2000, the respondents provided the complainant
with copies of the only records maintained or kept on file by the respondent
department responsive to the complainant’s request.
10.
With
respect to the complainant’s request described in paragraph 2c, above, it is
found that all actions taken regarding the complainant’s complaint to the
DPUC against CL&P were handled through telephone conversations and that no
records pertaining to that matter exist.
11.
It
is found, however, and the respondents concede, that they failed to promptly
respond to the complainant’s June 30, 2000 request.
12.
Consequently,
it is concluded that the respondents violated the promptness provisions of
§§1-210(a), and 1-212(a), G.S.
13.
It
is concluded that civil penalties are not warranted in this case.
The
following order by the Commission is hereby recommended on the basis of the
record concerning the above-captioned complaint.
1. Henceforth, the respondents shall strictly comply with the promptness provisions of §§1-210(a) and 1-212(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of November 8, 2000.
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Dolores E. Tarnowski
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:
Kenneth D. Backman
108 Cornwall Avenue
Cheshire, CT 06410
Chairperson, State of Connecticut,
Department of Public Utility Control;
and State of Connecticut, Department
of Public Utility Control
c/o Tatiana Eirmann, Esq.
Assistant Attorney General
10 Franklin Square
New Britain, CT 06051-2605
___________________________________
Dolores E. Tarnowski
Clerk of the Commission