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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JoAnne Bauer, |
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Complainants |
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against |
Docket #FIC 2001-451 | |
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Commissioner, State of Connecticut, Department of Economic and Community Development; and State of Connecticut, Department of Economic and Community Development, |
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Respondent |
April 24, 2002 | |
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The above-captioned matter was heard as a contested case on October 25, 2001 and March 6, 2002, at which times the complainant and the respondents 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 respondents are public agencies within the meaning of §1-200(1), G.S.
2. It is found that, by letter dated September 3, 2001 sent by facsimile and by mail, the complainant requested that the respondents provide her with access to “ all documents - letters, forms, logs, transcripts, interoffice communications or memoranda, e-mails - and index to all files having any relevance to the Colonial Theater project, the CTRC [Colonial Theater Renaissance Corporation], FARE [Farmington Avenue Renaissance Enterprise] and/ or the state bond funding of $5 million dollars and the DECD oversight function” (hereinafter “requested records”).
3. It is found that by letter dated September 7, 2001, the respondents acknowledged receipt of the complainant’s request, informed the complainant that they were researching the information requested, and whether it is subject to public access and that she would be contacted soon.
4. Having failed to receive access to the requested records the complainant appealed to the Commission by letter dated October 1, 2001, which she filed on October 2, 2001, alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying her access to such records.
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 or to receive a copy of such records in accordance with the provisions of section 1-212. [Emphasis added.]
6. It is found that the respondents maintain or keep on file numerous records concerning the Colonial Theater project (“project”). It is found that most of the records concerning the project that the respondents have in their possession are physically located in the project manager’s file. However, it is found that additional records are maintained or kept within the following three divisions of the respondent department: Infrastructure and Real Estate, Audit and Asset Management and Finance and Administration.
7. It is concluded that all of the records maintained or kept on file by the respondents, and described in paragraph 6, above, are “public records” within the meaning of §1-210(a), G.S.
8. It is found that sometime between October 5 and 12, 2001, the respondents informed the complainant by telephone that the Colonial Theater project file was available for her inspection. The complainant acknowledged at the October 25, 2001 hearing in this matter that she was given access to the file and that she reviewed it on or about October 17, 2001. However, the complainant contends that certain documents that, in her view, should be contained in the file, such as RFPs, vendor contracts, professional work product of architects (e.g.:- drawings), leases, and records concerning rights of way negotiated, are missing from the file and are possibly being hidden. The complainant further contends that documents in the file are being “altered” and that the respondents only provided her with access to the file after she filed her complaint.
9. The Commission takes administrative notice of the Final Decision in contested case docket #FIC 2000-502 JoAnne Bauer v. James Abromaitis, Commissioner, State of Connecticut, Department of Economic and Community Development; Ginne-Rae LeGree, Community Development Director, State of Connecticut, Department of Economic and Community Development, Urban Revitalization and Investment Division; and State of Connecticut, Department of Economic and Community Development, dated February 28, 2001 and issued March 8, 2001, (hereinafter “FIC 2000-502”). In FIC 2000-502, the issue presented to the Commission was essentially the same as the one presented here: whether the respondents provided the complainant with access to the Colonial Theater project file. The Commission concluded in FIC 2000-502 that the respondents did not violate the FOI Act with respect to the complainant’s requests to inspect the Colonial Theater project file.
10. It is apparent from the complainant’s presentation at the hearing in this matter that the complainant is well intentioned and is a concerned citizen acting in the public interest, and seeking information about the Colonial Theatre project and how its funding is being administered. The complainant presented evidence at the hearing that the state Auditors of Public Accounts concluded that the respondent department failed to properly monitor the administration of two grants, one for $50,000 and the other for $5 million, awarded by the respondent department to CTRC. Obviously, the proper monitoring of public funds is a legitimate matter of public concern, however, this Commission has no authority to address this issue. This Commission’s jurisdiction is limited to determining whether the respondents provided the complainant with the project records they had at the time of her September 3, 2001 request, and whether they did so “promptly” within the meaning of §1-210(a), G.S.
11. The complainant believes that the respondents are intentionally withholding records from her. It is not found that the respondents are intentionally withholding records from the complainant. However, it is found that the respondents were less than diligent in searching their records and in ensuring that all the Colonial Theatre project file records requested, that they maintain, were located in a timely manner. Specifically, it is found that 14 records (certain drawings, memoranda and transmittals) were eventually located by the respondents on or about December 17 and 18, 2001, following a new department-wide search for additional Colonial Theatre project records. It is found that the 14 records described herein were not provided to the complainant on October 17, 2001, despite the respondents’ representation to the complainant and the Commission that the file was “complete”.
12. While it is found that the project file is voluminous, a working file which is used by different individuals, required a time consuming compilation of its contents in preparation for the complainant’s October review, and further that the unfortunate and tragic World Trade Center events of September 11, 2001, occurred during the period that the complainant’s request was being processed, it is also found that it was not until during December, 2001, after receiving a new records request from the complainant that the respondents conducted a more comprehensive and diligent search of their records which led to the discovery of the 14 additional records, described in paragraph 11, above. At the March 6 hearing in this matter, the respondents indicated that they had offered the complainant access to the 14 additional records located, however, the complainant had not yet taken them up on that offer.
13. Based on the foregoing it is concluded that the respondents violated §1-210(a), G.S., when they failed to promptly provide the complainant with the Colonial Theatre project records they maintained, and which she requested on September 3, 2001.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. Forthwith, the respondents shall provide the complainant with access to inspect and/or obtain a copy of the Colonial Theatre project file records that they have.
2. The Commission takes this opportunity to remind the respondents that pursuant to §1-206(b)(2), G.S., violations of the FOI Act, that are without reasonable grounds, could result in the imposition of civil penalties 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 April 24, 2002.
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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:
Commissioner, State of Connecticut,
Department of Economic and Community
Development; and State of Connecticut,
Department of Economic and Community
Development
c/o Shelagh P. McClure, Esq.
Assistant Attorney General
55 Elm Street, PO Box 120
Hartford, CT 06141-0120
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-451/FD/paj/4/29/2002