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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Robert J. Symmes, |
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Complainants |
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against |
Docket #FIC 2001-268 |
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Democratic
Registrar of Voters, |
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Respondents |
August 22, 2001 |
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The above-captioned matter was heard as a contested
case on July 12, 2001, at which time the complainant appeared and presented
testimony, exhibits and argument on the complaint. The respondent did not appear.
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.
By letter dated May
24, 2001 the complainant requested a copy of “a complete official voter list
for all ten West Haven [districts] for all active voters (regardless of
affiliation)” and specifically requested:
a.
voter name (first,
middle, last, suffix)
b.
street address (house
number)
c.
apartment/floor (if
applicable)
d.
party affiliation;
and
e.
date of birth.
3.
It is found that on
June 1, 2001 the complainant was informed by the Republican Registrar of Voter’s
assistant that his request was denied because he had not returned primary
petitions to the registrar. The
complainant did not receive a response directly from the respondent.
4.
By letter dated and
filed on June 1, 2001 the complainant appealed to this Commission alleging
that the respondent violated the Freedom of Information (“FOI”) Act by
denying his request.
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.
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.
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 maintains records responsive to the complainant’s request
described in paragraph 2, above, which are a “phone list” which lists the
voter’s street address, full name, party affiliation, date of birth and
listed telephone number and an “official list” which lists the voter’s
apartment number or floor (where applicable and available).
8.
It is found that the
records responsive to the complainant’s request are public records within
the meaning of §1-210(a), G.S.
9.
It is found that by
letter dated June 22, 2001 to this Commission, the respondent indicated that
he had not spoken with the complainant regarding his request and that the
complainant is “not a candidate until he receives the party nomination or he
returns his petitions and they are certified.” The respondent further claimed that the complainant had
received “numerous copies of the voters list” in the past and that he [the
respondent] had therefore complied with the law in this matter.
10.
It is found that the
respondent failed to prove that any federal law or state statute requires an
individual to establish that he or she is a candidate for office before access
to the requested records can be provided.
11.
It is also found that
the respondent’s obligations under the FOI Act to provide copies of
requested records are not affected by the possibility that the complainant may
have been provided with copies of such records in the past.
12.
It is found that the
respondent failed to claim or prove any exemption to the disclosure
requirements of §§1-210(a), and 1-212(a), G.S.
13.
It is concluded
therefore that the respondent violated §§1-210(a) and 1-212(a), G.S., by
failing to provide the complainant with copies of the requested records.
14.
The Commission notes
that respondent’s failure to appear at the hearing on this matter
demonstrates a disregard for the Commission’s proceedings in this matter.
15.
At the hearing on
this matter, the complainant requested the imposition of a civil penalty,
which request he subsequently retracted. However, the Commission cautions the respondent that similar
violations of this nature could lead to the imposition of civil penalties.
The following order
by the Commission is hereby recommended on the basis of the record concerning
the above-captioned complaint.
1. The respondent shall forthwith provide the complainant with copies of the requested records described in paragraph 7 of the findings, above, free of charge.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 22, 2001.
_________________________________________
Dolores E. Tarnowski
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:
Robert
J. Symmes
285 Second Avenue
West Haven, CT 06516-5127
Democratic
Registrar of Voters,
City of West Haven
355 Main Street
West Haven, CT 06516-0526
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Dolores E. Tarnowski
Clerk of the Commission