FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Allen E. Sullivan, Jr.,
Complainant
against Docket #FIC 90-322
Easton First Selectman and Chairman, Easton Board of Finance,
Respondents March 27, 1991
The above-captioned matter was heard as a contested case on December 13, 1990 and on January 17, 1991, at which times the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This matter was consolidated with Docket #FIC 90-301, Allen E. Sullivan, Jr. v. Easton Planning and Zoning Commission and Docket #FIC 90-349, Allen E. Sullivan, Jr. v. Easton First Selectman because of the similarity of the subject matter and the parties.
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 1-18a(a), G.S.
2. By complaint filed August 27, 1990 the complainant alleged that the respondents failed to comply with the Freedom of Information Act by failing to respond to a request for records which he made August 7, 1990.
3. It is found that on August 7, 1990 the complainant requested a copy of the agenda, minutes and tape recording of the town budget hearings which took place on March 22, 1990.
4. It is found that the respondents provided the complainant with the agenda, minutes and a copy of the tape recording of the town budget hearings which took place on March 22, 1990.
5. The complainant maintains that the respondents altered the tape of the town budget hearings which took place in violation of the Freedom of Information Act requirements because it was incomplete.
Docket #FIC 90-322 Page Two
6. The complainant further claimed that the tape had been erased or damaged on purpose because a copy of the tape of the same budget hearing which was received by another person, Stephen Link, though incomplete, still contained more of the hearing than that which was provided to him.
7. It is found that when town employees attempted to make a copy of the tape requested by the complainant, the tape recorder malfunctioned and damaged a portion of the tape.
8. It is found that the respondents furnished the complainant with a copy of the tape, but that the copy of the tape was incomplete, and had less of the meeting recorded on it than the copy of the tape which had been provided to Stephen Link.
9. Prior to the second hearing in this matter on January 17, 1991, the respondent first selectman personally copied the requested tape and provided the copy to the complainant.
10. It is found that the second copy of the tape which was provided to the complainant was identical with the first copy.
11. It is concluded that the respondents have provided the complainant with the requested copy, although the tape which was copied is incomplete.
12. It is concluded that there was insufficient evidence to establish that the original tape recording had been intentionally damaged by the respondents.
13. It is concluded under the circumstances of this case that it is not appropriate to consider the complainant's request for civil penalties.
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 March 27, 1991.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-322 Page Three
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:
ALLEN E. SULLIVAN, JR.
41 Flat Rock Road
Easton, CT 06612
EASTON FIRST SELECTMAN AND CHAIRMAN, EASTON BOARD OF FINANCE
c/o E. Jane McBride, Esq.
Williams, Cooney & Sheehy
One Lafayette Circle
Bridgeport, CT 06604
Tina C. Frappier
Acting Clerk of the Commission