FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Susan G. Kniep
Complainant
against Docket
#FIC 86-41
Office
of Town Clerk, Town of East Hartford
Respondent March
26, 1986
The above captioned matter was heard
as a contested case on February 27, 1986, at which time the complainant and the
respondent appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint.
After consideration of the entire
record the following facts are found:
1.
The respondent is a public agency within the meaning of §1-18a(a), G.S.
2.
On February 13, 1986, the complainant orally requested a copy of page 5
of the minutes of the November 29, 1984 Zoning Board of Appeals meeting. An employee of the respondent office asked
the complainant "if she were requesting the document as a taxpayer or as a
town councillor." After responding
that she was requesting the record as a town councillor, the complainant was
denied access to the requested record.
3.
From the denial of access to the requested information, the complainant
appealed to the Commission by letter of complaint filed on February 14, 1986.
4.
At the hearing, the respondent agreed the record in question is a public
record under the Freedom of Information Act.
5.
Also at the hearing, the complainant and respondent agreed that the
Commission could take administrative notice of testimony, evidence and exhibits
in FIC #80-25 and FIC #84-140 and apply them to this case.
Docket
#FIC 86-41 Page 2
6.
The respondent claims that the complainant was not denied access to the
requested record.
7.
The respondent further claims that Section 3.8 in the Charter of the
Town of East Hartford prohibits members of the town council from requesting
copies of records directly from departments of the town government, but that
all such requests must be made through the mayor's office.
8.
The respondent states that had the complainant complied with §3.8 of the
town charter, she would have obtained the requested record.
9.
It is found that §1-15, G.S., does not precondition disclosure of a
public record on whether or not the person making the request is doing so as a
public official.
10.
It is further found that a municipality cannot, by local law, supersede
the requirements of the Freedom of Information Act.
11.
It is therefore concluded that the respondent violated §§1-15 and
1-19(a), G.S., by failing to disclose the requested record to the complainant
solely on the basis of her being a member of town council.
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 comply with the requirements of §§1-15 and 1-19(a), G.S.,
by promptly providing copies of public records to any person who makes such a
request regardless of whether they are making it as a public official.
Approved by order of the Freedom of
Information Commission at its regular meeting of March 26, 1986.
Karen
J. Haggett
Clerk
of the Commission