FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Gunther A. Schaller,
		Complainants
	against		Docket #FIC 2002-030
Long Ridge Fire Company, Inc.,
		Respondents	October 9, 2002

 

The above-captioned matter was heard as a contested case on March 7, 2002, at which time only the complainant appeared, and presented testimony, exhibits and argument on the complaint.  The respondent failed to appear at the hearing, although this Commission’s return receipt records reflect that the Notice of Hearing and Order to Show Cause in this matter were signed as “received” by the respondent, and such signed return receipt was returned to this Commission’s office on February 20, 2002.  

           

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 of complaint dated January 21, 2002 and filed with the Commission on January 24, 2002, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying him access to minutes of meetings, and other records (hereinafter “requested records”) as described specifically in paragraphs 3 and 4, below.

 

3.  It is found that on or about December 3, 2001, during the respondent’s regular monthly meeting, the complainant requested that he be provided access to the minutes of the respondent.

 

4.  Having failed to receive access to the requested minutes, the complainant again during the respondent’s regular monthly meeting held on or about January 7, 2002, inquired about the status of his December request for minutes.

 

5.  It is found that the respondent’s secretary, Geza Ziegler, in response to the January 7 request referred the complainant to the town clerk’s office and advised the complainant further that the minutes would be submitted to the town clerk’s office and to the fire chief, John Keenan.

 

6.  The complainant thereafter made a written request dated January 7, 2002 to the respondent for “prompt access to any and all records of the [fire] company” not exempt by federal law or state statute. The January 7 written request was directed to Secretary Ziegler, Richard Nevers (the then president of the respondent) and to John Keenan (the then fire chief of the respondent ).  [1]

 

7.  Having failed to receive access to the minutes and the remaining records, as described in paragraphs 3, 4 and 6, above, the complainant, filed this appeal.

 

8.  Section 1-200(5), G.S., in relevant part, defines “public records” as follows:

 

Public records or files means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, …whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

9.  Section 1-210(a), G.S., provides, further provides, in relevant part: 

 

Except 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.  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.  Each such agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located or of the Secretary of the State, as the case may be.  …  Each such agency shall make, keep and maintain a record of the proceedings of its meetings.

 

 [Emphasis added.]

 

10.  It is found that the records of the respondent were maintained as follows under Chief Keenan’s administration: a) the minutes were maintained by the Secretary of the respondent and b) the remainder of the respondent’s records were maintained at the fire house under the control of Chief Keenan.

 

11.  It is found that under Chief Keenan’s administration the respondent’s records were not maintained in a manner that is accessible to the public, and in accordance with §1-210(a), G.S.

 

12.  It is found that on March 5, 2002, the complainant eventually gained access to the respondent’s minutes for the last two years, when Secretary Ziegler brought such minutes to the fire house and provided them to the complainant.  It is found however, that the complainant has still not gained access to the remaining records requested, as described in paragraph 6, above, and was told by then Chief Keenan that such records are commingled with exempt records, and are therefore not accessible.

 

13.  With respect to the minutes, it is found that the provision of access on March 5, 2002, approximately two months after the complainant’s January 7, 2002 request, was not prompt, within the meaning of §1-210(a), G.S., and therefore, the respondent violated such provision.

 

14.  With respect to the remaining records requested, as described in paragraph 6, above, it is concluded that the respondent, and specifically then Chief Keenan, violated §1-210(a), G.S., by failing to provide the complainant with access to such records.

 

15.  It is found that the complainant is a well-intentioned member of the respondent and brought this complaint in an attempt to draw awareness to the fact that the respondent’s records were not being maintained in a manner that is open and accessible.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.  Forthwith, the respondent shall provide the complainant with the records requested, as described in paragraph 6 of the findings, above.

 

2.  Forthwith, the respondent, shall, if it has not already done so, implement a system whereby the records of the respondent are accessible for prompt inspection and/or copying by the public, during “regular office or business hours.”  In addition, the respondent shall ensure that all of its records (including minutes) are maintained or kept at “its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the [town] clerk”, pursuant to §1-210(a), G.S.

 

3.  The Commission believes that the respondent would benefit from a workshop on the FOI Act and suggests that it make arrangements with the staff of the FOI Commission to coordinate such a workshop.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 9, 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:

 

Gunther A. Schaller

40 Ingleside Drive

Stamford, CT 06903

 

Long Ridge Fire Company, Inc.

366 Old Long Ridge Road

Stamford, CT 06903

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2002-030/FD/paj/10/10/2002