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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Timothy J. Schapp, |
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Complainant |
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against |
Docket #FIC 2001-008 |
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Chief, Fire Department, |
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Respondent |
March 14, 2001 |
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The above-captioned matter was heard as a contested case on February 1, 2001, at which time the complainant and the respondent appeared 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 respondent is a public agency within the meaning of §1-200(1), G.S.
2. It is found that on the morning of December 14, 2000, while at the city of Torrington (“city”) Fire Department (“department”), the complainant received a telephone call from the city’s mayor on a department taped-phone line (“the conversation”).
3. It is found that immediately following the conversation, the complainant requested in writing that the respondent provide him with an audio and written copy of the conversation.
4. Having failed to receive any response to his request, the complainant, by letter dated January 3, 2001, and filed on January 9, 2001, appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying him a copy of the conversation.
5. It is found that the conversation does not exit on the department tape. It is also found that there is no evidence in the record that the conversation was in fact taped.
6. It is found that the department’s tape recorder malfunctioned between the period of December 4, 2000 through January 16, 2001, and was repaired on January 16, 2001.
7. It is not found that the respondent, or any other individual, in any way tampered with the tape or tape recorder to preclude the complainant from gaining access to the conversation.
8. It is found that by letter dated January 16, 2000 the respondent informed the complainant that the conversation was not on the tape.
9. The respondent conceded at the hearing in this matter that his January 16, 2000 response, described in paragraph 8, above, was not provided to the complainant in a timely manner.
10. In light of the above, it is concluded that the respondent should have at a minimum promptly provided the complainant with a response.
11. It is further concluded however, that since the conversation does not exist on the tape, that the respondent did not violate the FOI Act when he failed to provide the complainant with a copy of the conversation.
The following order by the Commission is hereby recommended on the
basis of the record concerning the above-captioned complaint:
1. The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 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:
Timothy J. Schapp
42 Dorothy Drive
Torrington, CT 06790
Chief, Fire Department
City of Torrington
c/o Albert G. Vasko, Esq.
140 Main Street
Torrington, CT 06790
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-008/FD/paj/03/16/2001