FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Edwin H. Baumer,
Complainant
against Docket #FIC 86-146
The Assessor of
the Town of Newtown,
Respondent August 27, 1986
The above-captioned matter was heard
as a contested case on June 16, 1986, at which time the complainant and the
respondent appeared 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. By
letter dated March 31, 1986 the Newtown board of tax review informed the
complainant that his appeal before the board had been dismissed.
3. On
or about May 5, 1986 the complainant made a request of the respondent for
information regarding the disposition of other taxpayers' appeals to the board
of tax review. The complainant was
directed by the respondent to make a written request for "a list of the
taxpayers appealing their assessment to [the board of tax review] and the
action taken."
4. By
letter of complaint filed with the Commission on May 28, 1986 the complainant
appealed the respondent's failure to provide him with the requested records.
5.
On June 9,
1986, following an appearance in the local paper of a story about the
complainant's appeal to the Commission, the complainant was contacted by the
respondent who told him that an envelope containing the requested information
had been prepared and would be available to him upon payment of $29.95. The complainant, who had expected that the
requested information would be provided to him, in the form requested, at no
cost, refused the respondent's offer and made no inquiry into the nature of the
records offered.
Docket #FIC
86-146 Page Two
6. The
envelope referred to above contains copies of letters notifying persons of the
dispositions of their appeals to the board of tax review. Such letters constitute the only record of
the information sought by the complainant, there being no list such as was
requested.
7. At
hearing the complainant indicated that he intended to contact other appellants
to determine the viability of a class action suit against the Town of Newtown
and a revaluation firm. Because he had
not yet obtained the list which would allow him to contact other appellants,
the complainant requested that the Commission grant him a 60 day extension of
the time limits imposed by 12-118, G.S.
8. The
respondent, which does not dispute that the information in question is
accessible to the public, claims that the delay in responding to the
complainant's request was due to the lack of staffing for the board of tax
review. The board of tax review
indicated at hearing that the complainant would not have been denied access to
inspect the records had such a request been made.
9. It
is found that the lack of staffing does not relieve the board of tax review
from all responsibilities under the Freedom of Information Act. The respondent offered no evidence that any
attempt to respond to the complainant's request was made prior to the
appearance of the June 6, 1986 newspaper article.
10. Nothing
in the Freedom of Information Act requires an agency to create a record. The respondent, therefore, was not required to
supply the complainant with a list such as was requested in the May 5, 1986
letter.
11. It
is found, however, that the respondent failed to respond to the complainant's
request for records in a timely manner, in violation of 1-21i(a), G.S.
12. A
timely and meaningful response from the respondent and the board of tax review
would have enabled the complainant to obtain the requested information by
examining the files of the board of tax review. The lateness of the response unnecessarily impeded the complainant's
progress toward the filing of a complaint in Superior Court, and such lateness
was exacerbated by a regrettable lack of flexibility and communication among
the parties.
13. This Commission, however, is without
jurisdiction to extend the time limits contained in 12-118, G.S. as
requested by the complainant.
Docket #FIC
86-146 Page
Three
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1. The
respondent shall forthwith provide the complainant with the records referred to
at paragraph 6, above, at no cost to the complainant.
Approved by order of the Freedom of
Information Commission at its regular meeting of August 27, 1986.
ÿ
Karen J.
Haggett
Clerk of the Commission