FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| John F. Gauger, Jr., | |||
| Complainants | |||
| against | Docket #FIC 2001-410 | ||
|
Town Manager, Town of Winchester; Chief, Police Department; Town of Winchester; Director of Public Works, Town of Winchester; and Chairman, Sewer and Water Commission, Town of Winchester, |
|||
| Respondent | August 14, 2002 | ||
The above-captioned matter was heard as a contested case on March 21, 2002, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.
1. The respondents are public agencies within the meaning of §1-200(1), G.S.
2. It is found that by letters dated July 9, 23, and August 2, 2001 the complainant requested that the respondents provide him with access to inspect the following records (hereinafter “requested records”):
i) plans, engineering drawings, special use permits and board minutes and approvals of the review of this project by all town of Winchester land use boards;
ii) Fire Marshal, Building, Inland Wetlands, CT DEP, US EPA and Army Corp of Engineering permits for this activity in a watercourse/watershed area;
iii) OSHA review and approval of plans and site inspection. OSHA impact/approval of impact on Town of Winchester Employees in the Water Treatment Facility.
3. It is found that by letter dated July 30, 2001, the respondent chief of police acknowledged receipt of the complainant’s July 9 and 23, 2001 requests, however, such response was non-responsive in that it did not address whether the requested records would be made available to the complainant for his inspection.
4. Having failed to receive the requested records the complainant, by letter dated August 2, 2001 and filed on August 28, 2001, appealed to the Commission alleging that the respondents violated the Freedom of Information Act by denying him access to inspect the requested records.
5. It is found that the respondent chief of police received all three of the complainant’s requests, described in paragraph 2, above, and was appointed as the town official to investigate whether the requested records existed.
6. It is found that the respondent chief of police contacted the Public Works, Planning and Zoning and Town Planner’s offices to check if such offices had any of the requested records. It is found that none of these agencies maintained any of the requested records. It is further found that the requested records did not exist as of the dates of the complainant’s requests.
7. Section 1-210(a), G.S., further provides in relevant part that:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency…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.]
8. It is concluded that since the requested records did not exist as of the time of the complainant’s requests, there were no records to provide to the complainant, and therefore the respondents did not violate §1-210(a), G.S., when they failed to provide him with the requested records.
9. It is found however that the complainant’s requests led to the respondents’ applying for certain permits. Thereafter, records were created and provided to the complainant.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 14, 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:
John F. Gauger, Jr.
64 Bank Street
Winsted, CT 06098
Town Manager, Town of Winchester;
Chief, Police Department; Town of
Winchester; Director of Public Works,
Town of Winchester; and Chairman,
Sewer and Water Commission, Town
of Winchester
c/o Kevin F. Nelligan, Esq.
109 Main Street
PO Box 776
Canaan, CT 06018
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-410/FD/paj/8/15/2002