FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by | FINAL DECISION | ||
Bradshaw Smith, | |||
Complainant | |||
against | Docket #FIC 2007-008 | ||
Peter Souza, Town Manager, Town of Windsor, |
|||
Respondent | June 13, 2007 | ||
The above-captioned matter was heard as a contested case on May 10, 2007, at which time the complainant 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 public agency within the meaning of §1-200(1), G.S.
2. It is found that, by letter dated December 26, 2006, the complainant requested that the respondent provide him with “a copy of all submittals destined for . . . [the Capital Improvement Plan].”
3. By letter of complaint dated December 29, 2006, and filed January 5, 2007, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information Act by not complying with his request for records.
4. Section 1-200(5), G.S., provides:
“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, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, 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 that:
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 . . . (3) receive a copy of such records in accordance with section 1-212.
6. Section 1-212(a)(1), G.S., provides in relevant part that:
Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.
7. At the hearing on this matter, the respondent testified that he
understood the
complainant’s request described in paragraph 2, above, to be for all
submissions from any town board or commission received by respondent for
consideration of inclusion in the Capital Improvement Plan.
8. In
response, the complainant testified that he was seeking all submissions from
any town board or commission received by the respondent for consideration of
inclusion in the Capital Improvement Plan, as well as any of the
respondent’s staff’s notes or work product relevant to the Capital
Improvement Plan.
9. It is found that the respondent’s staff’s notes and work product relevant to the Capital Improvement Plan are outside the scope of the complainant’s request described in paragraph 2, above.
10. It is further found that on December 26, 2006 the respondent did
not keep on
file or maintain any submissions relevant to the Capital Improvement Plan.
11. It
is further found that subsequent to the complainant’s December 26, 2006
request and his December 29, 2006 complaint, the respondent received various
board and commission submissions, and forwarded copies of the same to the
complainant.
12. It is therefore concluded that the respondent did not violate §§1-210(a) and 1-212(a), G.S., as alleged in the complaint.
13. The Commission notes that the complainant is free to request additional records in a separate request to the respondent.
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 June 13, 2007.
________________________________
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:
Bradshaw Smith
23 Ludlow Road
Windsor, CT 06095
Peter Souza, Town Manager,
Town of Windsor
c/o Vincent W. Oswecki, Jr., Esq.
20 Maple Avenue
PO Box 504
Windsor, CT 06095-0504
___________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2007-008FD/paj/6/25/2007