FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on February 5, 2003, at which time the complainants 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 letter dated September 10, 2002, the complainants requested that the respondent provide them with documents relating to how the respondent is governed.

 

3.  By letter dated October 2, 2002, and received and filed with the Commission on October 7, 2002, the complainants filed a complaint with the Commission alleging that the respondent has failed to comply with their request as described in paragraph 2, above.

 

            4.  Section 1-200(5), G.S., defines “public records” to include:

“…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.”

 

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

 

“[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 (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with 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 to the extent records exist that are responsive to the complainant’s request, such records are public records within the meaning of §§1-210(a) and 1-212(a), G.S.

 

            8.  It is found that sometime in September 2002, the respondent attempted to give the complainants all records pertaining to Connecticut Special Acts, including certain rules and regulations, dated 1909-1969 relating to the governance of the respondent.  However, the complainants informed the respondent that they already had those records.

 

            9.  It is found that the respondent used diligent efforts to ascertain if additional records exist as to how they are governed.

 

            10.  It is found that no other records exist that are responsive to the complainants’ request.

 

            11.  Consequently, it is found that the respondent substantially complied with the request made by the complainant as described in paragraph 2, above.

 

12.  It is therefore concluded that the respondent did not violate the provisions of  §§1-210(a) and 1-212(a), G.S.

 

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

April 9, 2003.

 

 

___________________________________

Ann B. Gimmartino

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:

 

Curtis O. Jordan and

Allingtown Taxpayers Alliance

PO Box 26201

West Haven, CT  06516

 

Allingtown Fire District,

Board of Fire Commissioners

20 Admiral Street, PO Box 26095

West Haven, CT  06516-0950

Hartford, CT  06141-0120

 

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

FIC/2002-485FD/abg/04/11/2003