FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

  

The above-captioned matter was heard as a contested case on May 5, 2008, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

1.  The respondents are public agencies within the meaning of §1-200(1), G.S.

 

2.  By email dated and filed with the Commission on January 15, 2008, the complainants alleged that the respondents violated the Freedom of Information (hereinafter “FOI”) Act by denying them access to press releases issued from the respondents’ office.  The complainants requested the imposition of a civil penalty against the respondents.

 

3.  It is found that on December 7, 2008, the complainant, Sharon Bass, went to the respondents’ offices to request press releases from the respondents.  It is found that during such visit the complainant was denied access to such press releases issued by the respondents during the week of December 3, 2007.

 

4.  The respondents contend that the Commission lacks subject matter jurisdiction in this matter, since the complaint was not timely filed.

 

5.  Section 1-206, G.S., provides in pertinent part that:

 

“(a)  Any denial of the right to inspect or copy records provided for under section 1-210 shall be made to the person requesting such right by the public agency official who has custody or control of the public record, in writing, within four business days of such request, except when the request is determined to be subject to subsections (b) and (c) of section 1-214, in which case such denial shall be made, in writing, within ten business days of such request.  Failure to comply with a request to so inspect or copy such public record within the applicable number of business days shall be deemed to be a denial.

 

(b)(1)  [a]ny person denied the right to inspect or copy records under section 1-210…may appeal therefrom to the [FOI] Commission, by filing a notice of appeal with said commission.  A notice of appeal shall be filed within thirty days after such denial….”

 

[Emphasis added.]

 

6.  It is found that the notice of appeal in this matter was filed more than thirty days after the denial of the request described in paragraph 3, above, within the meaning of §1-206, G.S.  Accordingly, it is concluded that the Commission lacks subject matter jurisdiction in this matter.

 

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 for lack of subject matter jurisdiction. 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 28, 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:

 

Sharon Bass and the
Hamden Daily News

PO Box 4421

Hamden, CT 06514

           

Craig Henrici, Mayor, Town of Hamden;

and the Office of the Mayor, Town of Hamden

c/o Susan Gruen, Esq.

Office of the Town Attorney

Hamden Government Center

2750 Dixwell Avenue

Hamden, CT 06518

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2008-036FD/paj/6/3/2008