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 Backman, |
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Complainants |
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against |
Docket #FIC 2000-545 |
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Chairman,
State of Connecticut, Department |
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Respondent |
February 14, 2001 |
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The above-captioned matter was scheduled to be heard as a contested case
on October 27, 2000, however the hearing was postponed at the request of the
complainant. Following a thorough
review of the notice of appeal in this matter, as well as the Commission’s
record in a prior complaint, involving the same parties, and described in the
paragraphs below, the following is found and recommended for the disposition
of this appeal:
1. At its regular meeting of November 8, 2000, the Freedom of Information Commission adopted its Final Decision in contested case #FIC 2000-394, Kenneth Backman v. Chairperson, State of Connecticut, Department of Public Utility Control; and State of Connecticut, Department of Public Utility Control (hereinafter “FIC 2000-394”).
2. The Commission takes administrative notice of the record and decision in FIC 2000-394, which dealt with, among other records requests, the records request and sole issue raised in this appeal, namely, whether the respondents provided the complainant with all records they have that are responsive to a June 30, 2000 request for a copy of all guidelines that CL&P must follow for tree trimming and removal.
3. Specifically the Commission takes administrative notice of paragraphs 2b, 9, 11 and 12 of the final decision in FIC 2000-394, which, provide:
2b. By letter dated June 30, 2000, the complainant made a request for copies of any guidelines for tree trimming and removal that CL&P has to follow in the State of Connecticut;
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.
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.
4. In the notice of appeal in this matter, the complainant concedes “[Y]ou [the respondents] did send me a copy of the ‘guidelines’ that CL&P filed with the DPUC.”
Therefore, after consideration of the notice of appeal and construing all allegations most favorably to the complainant, the following order by the Commission is hereby recommended:
1. The complaint is dismissed in light of the fact that the Commission has already addressed the issue raised herein in FIC 2000-394.
Approved by Order of the Freedom of Information Commission at its regular meeting of February 14, 2001.
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Petrea A. Jones
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:
Kenneth Backman
108 Cornwall Avenue
Cheshire, CT 06410
Chairman, State of Connecticut
Department of Public Utility Control
10 Franklin Square
New Britain, CT 06051
State of Connecticut
Department of Public Utility Control
10 Franklin Square
New Britain, CT 06051
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2000-545/FD/paj/02/21/2001