FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

           

            The above-captioned matter was heard as a contested case on October 6, 2005, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, this matter was consolidated with Docket #s FIC 2005-309; Paul Santoro, First Selectman v. Cheryl Miller, Treasurer, Town of Canterbury; FIC 2005-310; Paul Santoro, First Selectman v. Patricia Grassi, Town Clerk, Town of Canterbury; and FIC 2005-311; Paul Santoro, First Selectman v.  Patricia Grassi, Town Clerk, Town of Canterbury.  At the request of the complainant, the case caption has been amended to reflect the fact that, at the time of the filing of this complaint, the complainant was first selectman of the town of Canterbury. 

 

            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 June 15, 2005, the complainant requested that the respondent provide him with copies of the following records:  “all bank statements and cancelled checks for period July 1, 2004 to the time when all Town and state public funds were reimbursed from the former unofficial Town Clerk account – that account being in the name of Patricia Grassi, c/o Canterbury Town Clerk” [hereinafter “the requested records”]. 

 

3.  Having failed to receive a response from the respondent, by letter dated June 27, 2005 and filed on June 29, 2005, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by not responding to the letter described in paragraph 2, above, and by not providing him with copies of the requested records.  The complainant sought the imposition of a civil penalty against the respondent.  

 

4.  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…receive a copy of such records in accordance with section 1-212…."  

 

5.  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.” 

 

6.  It is found that the respondent had temporary possession of at least some of the requested records in December 2004, as the Canterbury town clerk had provided them to him.  However, it is also found that the respondent returned any such records to such clerk in early January 2005, and has not been in possession of them since such time.

 

7.  It is found that the respondent did not keep on file or maintain the requested records within the meaning of §1-210(a), G.S., at the time of the request described in paragraph 2, above.

 

8.  It is therefore concluded that the respondent did not violate the FOI Act, as alleged in the complaint.

 

9.  At the hearing in this matter, the respondent acknowledged that he should have responded to the request described in paragraph 2, above, and apologized for not so doing.

 

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 May 24, 2006.

 

________________________________

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:

 

Paul Santoro, First Selectman

Town of Canterbury

One Municipal Drive

Canterbury, CT 06331

 

Lloyd Anderson, Chairman,

Board of Finance, Town of

Canterbury

PO Box 27

Canterbury, CT 06331

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2005-308FD/paj/5/24/2006