FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
Steven P. Bosco,
		Complainants
	against		Docket #FIC 2001-242
Michael DeNegris, Mayor, Town of Wolcott,
		Respondents	August 8, 2001

The above-captioned matter was heard as a contested case on June 29, 2001, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of §1-200(1), G.S.

 

2.  It is found that, during the April 17, 2001 regular meeting of the Wolcott Town Council [hereinafter “the town council”], the complainant, a member of the town council, asked the respondent for copies of records relating to a possible inquiry into misuse of sewer funds and any responses to such inquiry [hereinafter “the requested records”].  It is also found that, at such time, the respondent asked the chairman of such council to put such request on the respondent’s list of issues to discuss with counsel.

 

3.  It is found that, during the May 1, 2001 regular meeting of the town council, the complainant reminded the respondent of the request described in paragraph 2, above, and it is also found that the respondent stated that the complainant would be given copies of such records. 

 

4.  By letter dated and filed on May 15, 2001, the complainant appealed to this Commission, alleging that the respondent violated the Freedom of Information [hereinafter “FOI”] Act by failing to provide copies of the requested records to the complainant.  The complainant asked for the imposition of civil penalties in this matter.  

 

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…receive a copy of such records in accordance with the provisions of section 1-212….” 

 

6.  Section 1-212(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….”

 

7.  It is found that the respondent provided the complainant with copies of the requested records on May 15, 2001, by placing such copies in the complainant’s folder at Wolcott town hall.   It is also found that such records consist of a March 23, 2001 letter from the state department of environmental protection to the respondent, asking that the respondent investigate allegations of misuse of grant funds, and an April 26, 2001 response to such department from the Wolcott town counsel, with several attachments.  At the hearing in this matter, the complainant acknowledged that the respondent had provided him with copies of the requested records, but nevertheless alleged a promptness violation.

 

8.  It is found that the provision of the March 23, 2001 letter described in paragraph 7, above, approximately one month after the request described in paragraph 2, above, was not prompt within the meaning of §§1-210(a) and 1-212(a), G.S.

 

9.  It is found that April 26, 2001 letter and attachments described in paragraph 7, above, were not maintained or kept on file by the respondent at the time of the request described in paragraph 2, above.  However, it is also found that such records were maintained or kept on file by the respondent at the time of the request described in paragraph 3, above. 

 

10.  At the hearing in this matter, the respondent contended that, since the request described in paragraph 3, above, was made in the context of a town council meeting, he believed it was appropriate to comply consistent with town council practice by leaving the requested copies in the complainant’s folder just prior to the following town council meeting. 

 

11.  While it is found that the reasoning of the respondent described in paragraph 10, above, is understandable given the context of the request, the provision of the April 26, 2001 letter and attachments described in paragraph 7, above, two weeks after the request described in paragraph 3, above, was not prompt within the meaning of §§1-210(a) and 1-212(a), G.S.

 

12.  It is concluded that the respondent violated §§1-210(a) and 1-212(a), G.S., as alleged in the complaint. 

 

13.  The Commission declines to impose a civil penalty in this matter but takes administrative notice of the record and final decision in the matter of Docket #FIC 2001-155; Steven P. Bosco against Michael DeNegris, Mayor, Town of Wolcott, which also concluded that the respondent violated the FOI Act.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

1.  Henceforth, the respondent shall strictly comply with the promptness provisions of §§1-210(a) and 1-212(a), G.S.

 

2.  The respondent is advised that, pursuant to §1-206(b)(2), G.S., upon the finding that a denial of any right created by the FOI Act was without reasonable grounds and after the custodian or other official directly responsible for the denial has been given an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, the commission may, in its discretion, impose against the custodian or other official a civil penalty of not less than twenty dollars nor more than one thousand dollars.   

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 8, 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:

 

Steven P. Bosco

50 Woodward Road

Wolcott, CT 06716

 

Michael DeNegris, Mayor,

Town of Wolcott

c/o Brian Tynan, Esq.

Tynan & Iannone

250 Wolcott Road

Wolcott, CT 06716

 

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2001-242/FD/paj/08/13/2001