FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Cecil C. Young,
		Complainants
	against		Docket #FIC 2001-488
Executive Director, Housing Authority, City of Bridgeport,
		Respondent	June 12, 2002

 

The above-captioned matter was heard as a contested case on February 28, 2002, 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 by letters dated October 15 and 18, 2001, the complainant requested copies of certain records which included:

 

a.       a list of all persons hired in 2001 and the positions;

 

b.      records regarding payments of the funeral of the father of a Mr. Craig;

 

c.       financial records regarding the Drug Elimination Fund; and

 

d.      any record regarding a $300,000.00 fine issued by HUD against the Bridgeport Housing Authority.

 

3.       It is found that by letter dated October 18, 2001, the respondent provided the complainant with copies of some of the records he requested which did not include the records described in paragraph 2a through 2d, above.

 

4.      By letter dated October 22, 2001 and filed on October 25, 2001 the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to comply with his requests.

 

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, to the extent the requested records exist, they are public records within the meaning of §1-210(a), G.S.

 

8.      It is found that the respondent maintains records responsive to the complainant’s requests described in paragraphs 2a and 2c, above, and that he may have records responsive to the complainant’s requests described in paragraph 2b and 2d, above.

 

9.      It is found that the respondent failed to provide an explanation for why the records responsive to the complainant’s requests described in paragraphs 2a and 2c were not provided to the complainant or why he did not conduct a search for records responsive to the complainant’s requests described in paragraphs 2b and 2d.

 

10.  It is found that the respondent claims no exemption with respect to any of the requested records described in paragraph 2, above.

 

11.  It is found therefore that the respondent violated §1-210(a) and §1-212(a), G.S., by failing to comply with the complainant’s requests described in paragraph 2a through 2d, above.

 

 

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 records described in paragraphs 2a and 2c of the findings, above, free of charge.

 

2.      The respondent shall forthwith undertake a diligent search for the requested records described in paragraphs 2b and 2d of the findings, above, among all of the Housing Authority of the City of Bridgeport’s records maintained by him.  If the requested records are located, the respondent shall forthwith provide a copy of such records to the complainant, free of charge.  If no responsive records are found, the respondent shall provide the complainant with an affidavit detailing the scope, duration, and results of the search for such records.

 

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

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 12, 2002.

 

 

_______________________________________

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:

 

Cecil C. Young

99 Carroll Avenue

Bridgeport, CT 06607

 

Executive Director, Housing

Authority, City of Bridgeport

c/o Joseph A. Siciliano, Esq.

3333 Main Street

Stratford, CT 06614

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2001-488/FD/paj/6/14/2002