FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

 

The above-captioned matter was consolidated for hearing with Docket # FIC 2008-501 and Docket # FIC 2008-502, both captioned Regina Lane v. Housing Authority, Town of Plymouth. All three matters were scheduled for hearing as contested cases on August 29, 2008, at which time both the complainant and the respondents in the above captioned matter appeared 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)(A), G.S.

 

2.  It is found that, by letter dated April 30, 2008, the complainant made a request to the respondents for copies of four categories of records (the “requested records”), including:

 

a)      The rules and regulations regarding the residence units at Gosinski Park;

b)      All state grants for Gosinski Park for the period from 2005 to 2008;

c)All federal grants for Gosinski Park for the period from 2005 to 2008; and

d)     All agendas and minutes of meetings of the respondent for the period from 2005 to 2008.

 

3.  By letter dated May 14, 2008 and filed with the Commission on May 19, 2008, the complainant appealed to the Commission, alleging that the respondents’ failure to provide the requested records violated the Freedom of Information Act (“FOIA”).

 

 

4.  Section 1-200(5), G.S., states:

 

“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.  Sections 1-210(a) and 1-212(a), G.S., state, respectively, in relevant parts:

 

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 (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. 

 

…

 

Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record. (emphasis added) 

 

6.  It is concluded that the requested records, to the extent that they exist, are “public records” within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

 

7.  It is found that the only record maintained by the respondents within the description at paragraph 2.a) is the form of lease used by the respondent Housing Authority and its tenants. The office of the Mayor assumed responsibility for assembling the requested records and forwarding them to the complainant. The respondent Housing Authority in a timely fashion forwarded a copy of this lease to the office of the Mayor, in response to the complainant’s request. However, at the hearing, the complainant testified that she did not receive the form of lease in the materials provided by the Mayor’s office. The respondent Town Council filed a late filed exhibit of records previously provided to the complainant which included a copy of the lease. Counsel for the respondent Town Council stated that a copy of the late filed exhibit was provided to the complainant, and in any case, the form of lease was provided to the complainant at the Commission hearing.

 

8.  It is found that the only records maintained by the respondents within the description at paragraph 2.b) are: a) a certificate from the state Department of Economic and Community Development; and b) a contract/lease face sheet from the state Office of Policy and Management, each record documenting small sums that together equaled less than $1,000. The respondent Housing Authority in a timely fashion forwarded copies of these records to the office of the Mayor, in response to the complainant’s request. However, at the hearing, the complainant testified that she did not receive copies of either of these two documents. The respondent Town Council filed a late filed exhibit of records previously provided to the complainant, which included a copy of the certificate described at subparagraph a) above, but not the contract/lease face sheet described at subparagraph b) above. Counsel for the respondent Town Council stated that a copy of the late filed exhibit was provided to the complainant, and in any case, both the certificate and the contract/lease face sheet were provided to the complainant at the Commission hearing.

 

9.  It is found that the respondents do not maintain any records as described at paragraph 2.c).

 

10.  It is found that the respondent Town Council maintained the records described at paragraph 2.d), and that the complainant received these records in the mail on June 21, 2008, without any explanatory cover letter.

 

11.  It is found that it took about forty-nine days for the respondent Town Council to perform the search for the requested records and provide the records detailed in paragraph 10.

 

12.  It is concluded that the respondent Town Council violated §§1-210(a) and 1-212(a), G.S., both by failing to provide the contract/lease face sheet described at paragraph 8.b), and by failing to provide all the requested records that it maintained promptly.

 

            13.  It is concluded that the respondent Housing Authority did not violate §§1-210(a) and 1-212(a), G.S.

 

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

 

1.  Henceforth, the respondent Town Council shall provide non-exempt requested records to persons requesting them and shall provide such records promptly.

 

2. The complaint shall be dismissed as to the respondent Housing Authority.         

 

Approved by Order of the Freedom of Information Commission at its regular meeting

of November 12, 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:

 

Regina Lane

56 Gosinski Park

Terryville, CT 06786

 

Town Council, Town of Plymouth

c/o Salvatore V. Vitrano, Esq.

135 West Street

Bristol, CT 06010

 

Housing Authority,

Town of Plymouth

c/o Thomas W. Conlin, Esq.

Hamzy & Conlin, LLC

140 Farmington Avenue

Bristol, CT 06010

 

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-353FD/sw/11/21/2008