FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
David F. Mishiwiec, Sr.,
		Complainants
	against		Docket #FIC 2001-120
Tax Assessor, Town of East Haven,
		Respondents	July 25, 2001

The above-captioned matter was heard as a contested case on April 12, 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, by e-mail dated February 14, 2001, the complainant requested that the respondent provide him with the opportunity to inspect “the lists that were available at the informal assessment hearings conducted by Lesher-Glendinning Municipal Services, Inc. [hereinafter ‘LGM’] at the Hagaman Memorial Library…[hereinafter ‘the lists’].” 

 

3.  It is found that, by letter dated February 21, 2001, the respondent denied the complainant access to the lists, contending that he did not maintain such records.

 

4.  By e-mail dated and filed with the Commission on February 23, 2001, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information [hereinafter “FOI”] Act by failing to provide him with an opportunity to inspect the lists. 

 

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 inspect such records promptly during regular office or business hours….”

 

                        [Emphasis added]. 

 

            6.  It is found that LGM is a revaluation company hired by the town of East Haven to assist in an upcoming revaluation.  It is further found that the hearings conducted by LGM described in paragraph 2, above, occurred in November 2000, and that the respondent did not attend such hearings. 

 

7.  It is found that, at the time of the request described in paragraph 2, above, the respondent did not keep on file or maintain the lists.  It is further found that, in an effort to assist the complainant, the respondent contacted LGM to obtain the lists, but was informed that LGM did not maintain the lists and could not reproduce them, since the lists had been substantially and continuously revised since November 2000.

 

8.  Based upon the facts and circumstances of this case, it is concluded that the respondent did not violate §1-210(a), G.S., 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 July 25, 2001.

 

 

_________________________________________

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:

 

David F. Mishiwiec, Sr.

4 Kelly Court

East Haven, CT 06512-1154

 

Tax Assessor, Town of East Haven

c/o Lawrence C. Sgrignari, Esq.

Gesmonde, Pietrosimone, Sgrignari

& Pinkus, L.L.C.

3127-3129 Whitney Avenue

Hamden, CT 06518-2344

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2001-120/FD/paj/07/27/2001