FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on March 10, 2008, at which time the complainants appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The respondents did not appear.  On March 13, 2008, the complainants requested that the hearing in this matter be reopened.  Such request is hereby denied.    

 

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 September 14, 2007, the complainants requested that the respondents provide them with copies of the audio recordings of the public and executive sessions of the respondent commission’s meeting of August 8, 2007, as well as the minutes for such meeting, and the agenda for such meeting. 

 

3.      By letter dated September 24, 2007, and filed September 26, 2007, the  complainants appealed to this Commission, alleging that the respondents violated the Freedom of Information (FOI) Act by failing to provide them with copies of the records described in paragraph 2, above. 

 

4.  Section 1-200(5) G.S., defines “public records or files” as:

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 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.

 

            6.   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.”

 

            7.   It is found that the records requested by the complainants, to the extent that they are maintained or kept on file by the respondents, are public records within the meaning of  §§1-200(5) and 1-210(a), G.S.

 

            8.  It is found that, at the time of the hearing in this matter, the respondents had not provided the complainants with copies of such records. 

 

9.  It is found that the respondents failed to prove that the records described in paragraph 2, above, are exempt from mandatory disclosure. 

 

10.  Accordingly, it is concluded that the respondents violated §§1-210(a) and 1-212(a), G.S., by failing to provide copies of the requested records to the complainants, as alleged in the complaint. 

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.  Forthwith, the respondents shall provide the complainants with copies of the records described in paragraph 2 of the findings, above, free of charge.

 

2.  If the respondents do not maintain all of the records described in paragraph 2 of the findings, above, the respondent chairman shall so inform the complainants by affidavit, within two weeks of the mailing of Notice of Final Decision in this matter. 

 

3.  Henceforth, the respondents shall strictly comply with the provisions of §§1-210(a) and 1-212(a), G.S. 

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 11, 2008.

 

 

________________________________

S. Wilson

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:

 

Patricia Young and Cecil Young 

99 Carroll Avenue

Bridgeport, CT 06607

           

Chairman, Ethics Commission,

City of Bridgeport; and Ethics

Commission, City of Bridgeport

c/o Melanie J. Howlett, Esq.

Office of the City Attorney

999 Broad Street, 2^nd Floor

Bridgeport, CT 06604

 

 

 

 

___________________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2007-527FD/sw/6/13/2008