FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Walter P.
Doolittle,
Complainant
against Docket #FIC 87-39
Pasquale A.
Barbato, Deputy Commissioner of the State of Connecticut Department of Revenue
Services,
Respondent April 22, 1987
The above-captioned matter was heard
as a contested case on March 23, 1987, at which time the complainant and the
respondent appeared, stipulated to certain facts, and presented testimony 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 January 22, 1987, the complainant requested copies of
the following documents:
a. The
lien authorizing the taking of money by Mr. Fred Santacrose from the Town of
Groton on August 25, 1986.
b. The
Uniform Commercial Code "Financing Statement," naming the Town of
Groton and stating the type of property to be seized, filed with the Secretary
of State.
c. The
tax warrant served by Mr. Fred Santacrose.
d. The
certified tax statement.
e. The
itemized bill attached to the tax warrant, pursuant to 12-35, G.S.
Docket #FIC
87-39
Page 2
f. Mr.
Fred Santacrose's reports of his visits to the complainant's office on July 24,
1986 and July 28, 1986 and the report of his visit to the Town of Groton on
August 20, 1986.
g. The
respondent's entire file concerning the complainant's taxes since January 1,
1986.
h. The
respondent's reply to the complainant's March 7, 1986 letter.
i. All
documents explaining the $160.00 discrepancy between $546.44, the total amount
owed by the complainant as of July 23, 1986, and the taking of $386.44, where a
$0.00 balance was indicated as of November 13, 1986.
j. The
records setting forth the reasons for any cancellation or revision of the
amount of tax owed by the complainant, pursuant to 12-39b, G.S.
k. The
certification by the respondent or his designee that such cancellation or
revision was made in the best interest of the state.
l. The
record of the abatement of taxes, pursuant to 12-39, G.S., including the
advice given by the Attorney General and the certification of such abatement to
the treasurer and controller.
m. The
tax appellate officer's response to the complainant's June 13, 1986 letter
regarding a revision of the amount of tax owed by the complainant.
3.
Having received no reply from the respondent, by letter dated February
13, 1987 and filed with the Commission on February 17, 1987, the complainant
alleged that the respondent violated the Freedom of Information Act in his
refusal to release copies of records, more fully described in paragraph 2,
above. The complainant also requested
the imposition of a civil penalty.
4.
Subsequent to the hearing on this matter, the respondent released copies
of the records described in paragraph 2f, above, to the complainant and
therefore these records are no longer at issue.
Docket #FIC
87-39
Page 3
5.
The respondent claims that copies of the records described in paragraphs
2a, 2c, 2d, 2e, 2g, and 2i, above, already have been provided to the
complainant.
6.
The respondent further claims that the records described in paragraphs
2b, 2h, 2j, 2k, 2l, and 2m, above, do not exist.
7.
The respondent also requested the imposition of a civil penalty against
the complainant at the hearing.
8.
It is found that copies of the records described in paragraphs 2a, 2c,
2d, 2e, 2g, and 2i, above, already were provided to the complainant.
9.
It is found that the records described in paragraphs 2b, 2h, 2j, 2k, 2l,
and 2m, above, do not exist.
10.
The Commission declines to impose a civil penalty on either party.
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 April 22, 1987.
ÿ
Catherine I.
Hostetter
Acting Clerk of the Commission