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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Veronica Kasperzak and |
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Complainants |
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against |
Docket #FIC 2001-153 |
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Respondents |
June 27, 2001 |
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The above-captioned matter was heard as a contested case on April 27, 2001, 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. It is found that, by letter dated February 20, 2001, the complainants requested that the respondent selectman provide them with the name of the Somers resident who furnished information to the town assessor, and the date the information was received, regarding personal property and motor vehicles on the complainants’ property.
3. It is found that, by letter dated March 2, 2001, the complainants requested that the respondent assessor provide them with the name of the Somers resident who furnished information to her office, and the date the information was received, regarding personal property and motor vehicles on the complainants’ property.
4. Having failed to receive the requested records, the complainants appealed to the Commission by letter dated March 15, 2001 and filed on March 19, 2001, alleging that the respondents violated the Freedom of Information [hereinafter “FOI”] Act by denying the complainants copies of the requested records.
5. Section 1-210(a), G.S., provides in relevant part:
[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 or to
receive a copy of such records…
[Emphasis added.]
6. It is found that, during the summer of 2000, a telephone call was placed to the office of the respondent assessor regarding personal property and motor vehicles on the complainants’ property. It is further found that the only record that the respondent assessor had with respect to such call was a slip of paper that memorialized the call and included the name of the caller.
7. It is found that the record described in paragraph 6, above, is no longer kept on file or maintained by the respondent assessor, and that such record was lost or destroyed during hundreds of property inspections conducted by the respondent assessor during the autumn of 2000.
8. It is further found that neither the respondent assessor, nor the staff member who took the telephone call described in paragraph 6, above, and who created the record described therein, can recall the identity of the caller at issue.
9. It is found that at no time did the respondent selectman keep on file or maintain the record described in paragraph 6, above, nor does the respondent selectman have knowledge of the identity of the caller.
10. It is concluded that the respondents did not violate the FOI Act, as alleged in the complaint.
The following order by the Commission is hereby recommended on the
basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of June 27, 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:
Veronica Kasperzak and
Joseph Kasperzak
120 George Wood Road
PO Box 601
Somers, CT 06071
Assessor,
Town of Somers; and
First
Selectman, Town of Somers
c/o
Carl T. Landolina, Esq.
Fahey,
Landolina & Associates, LLC
487
Spring Street, Suite Two
Windsor
Locks, CT 06096
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-153/FD/paj/06/29/2001