FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was consolidated for hearing with Docket # FIC 2008-353, Regina Lane v. Town Council, Town of Plymouth, and Housing Authority, Town of Plymouth, as well as Docket # FIC 2008-501, also 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 respondent 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 respondent is a public agency within the meaning of §1-200(1)(A), G.S.

 

2.  It is found that, by letter dated July 8, 2008, the complainant made a request to the respondent for copies of nine categories of records (the “requested records”), including the following records for the period from January 2005 through June 2008:

 

a)      the job description of the executive director of the respondent;

b)      the job description of the maintenance personnel of the respondent;

c)      complaints about the conditions or accommodations at Gosinski Park;

d)     billing for electrical, plumbing and masonry repairs at Gosinski Park;

e)      invoices for the purchase of refrigerators, stoves, toilets, bath and plumbing equipment at Gosinski Park;

f)       claims for workman’s compensation injuries relating to Gosinski Park;

g)       all OSHA reports regarding Gosinski Park;

h)      all reports filed by the Building Inspector relating to maintenance of Gosinski Park; and

i)        all state reports by the state Department of Environmental Protection or the federal Environmental Protection Agency relating to the assessment of drainage, ventilation, and mold or dampness conditions at Gosinski Park.

 

3.  By letter dated July 29, 2008 and filed with the Commission on July 31, 2008, the complainant appealed to the Commission, alleging that the respondent’s 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 records described at paragraph 2.a), 2.b), 2.d), and 2.e) were provided to the complainant when she visited the office of the complainant on August 18, 2008.

 

8.  It is found that the respondent does not maintain the records described at paragraph 2.c), 2.f), 2.g), 2.h), and 2.i).

 

9.  It is found that it took about forty days for the respondent to perform the search for the requested records and provide the records detailed in paragraph 7. Moreover, the provision of records on August 18, 2008 immediately followed the August 15, 2008 letter from the Commission, informing the respondent that a complaint had been filed.

 

10.  It is also found that the executive director of the respondent is a part-time employee, working sixteen hours per week. The executive director and the maintenance person are the only employees of the respondent. However, the respondent is responsible for only sixty housing units and all the records of the respondent comprise only three vertical file cabinets.         

 

11.  It is concluded that the respondent violated §§1-210(a) and 1-212(a), G.S., by failing to provide the requested records promptly.

 

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

 

1.  Henceforth, the respondent shall provide requested records promptly.   

 

                                                    

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

 

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/2008-502FD/sw/11/20/2008