FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Andy Thibault, | |||
| Complainants | |||
| against | Docket #FIC 2002-012 | ||
|
Jerry R. Zinn, First Selectman, Town of Litchfield, |
|||
| Respondents | September 25, 2002 | ||
The above-captioned matter was heard as a contested case on February 28, 2002, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of §1-200(1), G.S.
2. It is found that by letter dated January 3, 2002 the complainant made a request to the respondent for a copy of “the town employee memo to [the first selectman] dated on or about December 4-6, 2001 stating that the Black Santa Clause was inappropriate for Town Hall.”
3. It is found that by letter dated January 7, 2002, the respondent informed the complainant that the respondent was unable to produce a copy of the letter because it was not in his possession.
4. By letter dated and filed on January 8, 2002, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by destroying a public record.
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 requested record is a public record within the meaning of §1-210(a), G.S.
8. At the hearing on this matter, the complainant contended that after he received the respondent’s January 7, 2002 letter, the complainant spoke directly with the respondent about the requested letter and was informed by the respondent that he “tore it up.” The complainant argued that the respondent violated §1-240, G.S., by willfully destroying a public record.
9. Section 1-240 provides in relevant part that:
Any person who wilfully, knowingly and with intent to do so, destroys, mutilates or otherwise disposes of any public record without the approval required under section 1-18 or unless pursuant to chapter 47 or 87l, or who alters any public record, shall be guilty of a class A misdemeanor and each such occurrence shall constitute a separate offense.
10. Although the hearing officer in this matter permitted the complainant to enter all his evidence regarding his complaint, this commission simply lacks jurisdiction to enforce the criminal sanctions set forth in §1-240; jurisdiction over the destruction of public records rests with the State Public Records Administrator and criminal enforcement powers under §1-240, G.S., resides in the applicable State’s Attorney.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of September 25, 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:
Jerry R. Zinn, First Selectman,
Town of Litchfield
c/o Richard L. Street, Esq.
Carmody & Torrance
50 Leavenworth Street, PO Box 1110
Waterbury, CT 06721-1110
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2002-012/FD/paj/9/26/2002