FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on December 20, 2007, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of §1-200(1), G.S.

 

2.      It is found that by letter dated July 18, 2007 to the respondent First Selectman, the complainant alleged that the respondent First Selectman, members of the respondent Board of Selectmen (hereinafter “respondent board”), and other town officials “are not lawfully or legally in office” because they do not “possess the required oath of office on the public record” and challenged the respondent First Selectman to produce evidence that he had the required oath of office.   

 

3.      It is found that by letter dated August 15, 2007, the respondent First Selectman responded to the complainant’s July 18, 2007 letter by assuring him that the appointments and actions of the respondents were in compliance with the law.  It is also found that the respondent First Selectman took no further action because he was aware that the complainant had received copies of the certificates for his, and many other town officials’, oath of office on June 26, 2007 from the town clerk’s office.

 

4.      It is found that by letters dated August 13, 2007, the complainant made a request to the respondent First Selectman and each member of the respondent board as follows: 

 

I am requesting from you a certified record hereunder attested as a true copy of your certificate for the Oath of Office for First Selectman of the Town of Somers, CT.  This certificate is to be attached to your own sworn and signed affidavit attesting to the fact this certificate is in compliance and your abiding by all Constitution, codes, statutes, regulations and requirements set forth by the Constitution of the United States, the Constitution of the State of Connecticut, United States Code, and State Statutes.

 

5.      It is found that by letter dated August 15, 2007, the respondent informed the complainant that he had received the letters of request described in paragraph 4, above, and that he would respond at his earliest convenience.

 

6.      By letter dated and filed on September 6, 2007, the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to comply with his records requests.

 

7.      Section 1-200(5), G.S., provides in relevant part that:

 

“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.

 

8.      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 . . . receive a copy of such records in accordance with section 1-212. 

 

9.      Section 1-212(a), 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 . . . .”

 

10.   At the hearing on this matter, the complainant contended that the records he was provided by the town clerk’s office do not include a valid certificate for the oath of office for the respondent First Selectman and are not responsive to his request because there is only one signature on the certificate.  

 

11.   It is found that the respondent First Selectman learned that the complainant was not satisfied with the records provided by the town clerk’s office and after some consideration, remembered that he received a certificate from the Secretary of the State, Susan Bysiewicz, when he was sworn into office by her.  It is found that the respondent First Selectman provided a copy of such certificate to the complainant by letter dated October 9, 2007 and filed another copy with the town clerk’s office on or about the same date.

 

12.   However, at the hearing on this matter, the complainant contended that the record described in paragraph 11, above, is not responsive to his request because a valid certificate for the oath of office for the First Selectman must be filed with the town clerk’s office “before entering upon the duties of First Selectman.”

 

13.   It is found that the record the complainant seeks is a certificate for the oath of office for the respondent First Selectman that was filed with the town clerk’s office before he began to administer his duties, that is signed by him and an individual authorized to administer the oath, and that includes the following language:

 

I, _________, do solemnly swear that I will support the constitution of the United States and the constitution of the state of Connecticut so long as I continue a citizen thereof, and that I will faithfully discharge, according to law, the duties of the office of _________ to the best of my ability so help me God.

 

14.   It is found that the respondents do not maintain the record described in paragraph 13, above. 

 

15.   It is concluded, therefore, that the respondents did not violate the disclosure 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 February 27, 2008.

 

________________________________

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:

 

James Wysocki

62 Eaglebrook Drive

Somers, CT 06071

           

First Selectman, Town of Somers;

and Board of Selectmen, Town of Somers

c/o Carl T. Landolina, Esq.

Fahey, Landolina & Associates, LLC

487 Spring Street

Windsor, Locks, CT 06096-1106

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-482FD/paj/3/11/2008