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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Tina A. Brown and The Hartford Courant, |
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Complainant |
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against |
Docket #FIC 2000-536 |
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City
Manager, City of Hartford; and |
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Respondent |
February 28, 2001 |
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The above-captioned matter was heard as a contested
case on November 14, 2000, at which time the complainants 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 to the
respondents dated September 12, 2000, the complainants made a request to
review all copies of: “payment invoices and insurance waiver records dating
back to 1981 for the use of the Hartford Fire Department’s training facility
by fire departments in the state of Connecticut; all the names of off-duty
Hartford Fire Department employees that assisted in the training at the
training facilities, serving as burn masters and other jobs during said time
period; the names of current and retired fire department employees who were
paid directly by other fire departments for the use of the training facility;
and the names of former acting and deputy chiefs who headed the training
division from 1981 to the present and assigned off-duty employees to work at
the facility.”
3.
By letter dated
September 28, 2000 and filed on September 27, 2000, the complainants appealed
to this Commission alleging that the respondents violated the Freedom of
Information (“FOI”) Act by failing to comply with their request.
4.
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 inspect such records promptly during
regular office or business hours and 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.
5.
Section 1-212(a), G.S.
[formerly §1-15(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 . . . .”
6.
It is found that the
requested records, to the extent such records exist, are public records within
the meaning of §1-210(a), G.S.
7.
It is found that on
or about October 12, 2000, the respondents provided the complainants with a
copy of an interdepartmental memorandum represented to be all available
documentation regarding the use of the Hartford Fire Department’s burn
building by surrounding towns.
8.
It is found that on
November 13, 2000, the respondents provided the complainants with two more
documents pertaining to the use of the Hartford Fire Department’s burn
building by surrounding towns.
9.
It is found that in
letters dated November 13, 2000 which where received by the complainants on
November 13 and 14, 2000, the respondents informed the complainants that a
diligent search had been conducted for any and all records responsive to their
request and that all such records had been provided to the complainants.
10.
The complainants
contend that while the respondents provided documents relevant to the subject
matter of their request, they did not provide the records that were requested,
and thus failed to comply with their request.
11.
It is found that the
respondents provided the complainants with existing documents regarding the
use of the Hartford Fire Department’s burn building by surrounding towns
maintained by them and that no other documents exist.
12.
It is also found,
however, that the respondents did not make clear to the complainants that: the
records provided were only related to the use of the Hartford Fire Department’s
burn building by surrounding towns from which much of the information
requested in the complainants’ September 12, 2000 request could be gleaned;
or that the records provided did not represent any of the records specifically
requested in the complainants’ September 12, 2000 request.
13.
It is further found
that the respondents took one month to provide the complainants with the
records described in paragraphs 7 and 8, above, and thereby failed to promptly
comply with the complainants’ request.
14.
It is concluded,
therefore, that the respondents violated the promptness provisions of
§§1-210(a) and 1-212(a), G.S.
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.
2. The Commission encourages the respondents to, in the future, clarify their responses to records requests by specifying how records provided comply with such requests.
Approved by Order of the Freedom of Information Commission at its regular meeting of February 28, 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:
Tina A. Brown and
The Hartford Courant
285 Broad Street
Hartford, CT 06115
City Manager, City of Hartford; and
Acting Chief, Fire Department
City of Hartford
c/o John P. Shea, Esq.
Assistant Corporation Counsel
550 Main Street
Hartford, CT 06103
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2000-536/FD/paj/03/07/2001