FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on January 20, 2010, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, this matter was consolidated with Docket # FIC2009-609; Bradshaw Smith v. Kevin Searles, Chief, Police Department, Town of Windsor; and Police Department, Town of Windsor.  The Commission takes administrative notice of the record and final decision in Docket #FIC2009-537; Bradshaw Smith v. Donald Trinks, Mayor, Town of Windsor. 

 

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 October 5, 2009, the complainant requested that the respondents provide him with a copy of their response to a communication dated July 27, 2009 from the Wilson Deerfield Advisory Committee.     

 

            3.  By letter of complaint dated October 13, 2009, and filed October 14, 2009, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to respond to the request described in paragraph 2, above.  The complainant requested civil penalties in this matter.    

 

            4.  Section 1-200(5), G.S., provides:

 

 “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.  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 “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.”

 

            7.  It is found that the request letter described in paragraph 2, above, listed the address of the respondents as 275 Broad Street, which is Windsor Town Hall.  However, it is found that such letter was not received at Windsor Town Hall prior to the filing of the complaint in this matter. 

 

            8.  It is found that the letter described in paragraph 2, above, was sent to the residences of the named respondents.  

 

            9.  It is found that the town manager of Windsor is responsible for fulfilling the day-to-day public records requests made of the mayor’s office and the town council’s office.  It is found that, on October 19, 2009, as soon as the town manager became aware of the request described in paragraph 2, above, he undertook to discover if any records responsive to the request exist.  

 

            10.  It is found that the respondents do not maintain any records responsive to the request described in paragraph 2, above.  It is further found that the respondents informed the complainant of this fact by letter dated October 21, 2009.

 

            11.  Based on the facts and circumstances of this case, it is concluded that the respondents did not violate the FOI Act, 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.  The complaint is hereby dismissed. 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 25, 2010.

 

 

____________________________

Cynthia A. Cannata

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:

 

Bradshaw Smith

23 Ludlow Road

Windsor, CT  06095

Donald Trinks, Mayor, Town of Windsor; Alan Simon, Deputy Mayor, Town of Windsor;  Donald Jepsen, Minority Leader, Town Council, Town of Windsor; and Town of Windsor

c/o Vincent W. Oswecki, Jr. Esq.

O’Malley, Deneen, Leary, Messina & Oswecki

20 Maple Avenue

P.O. Box 504

Windsor, CT  06095

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

FIC/2009-610/FD/cac/8/30/2010