FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Gary G. Williams,

 

                        Complainant

 

            against              Docket #FIC 91-25

 

State of Connecticut, Office of the Secretary of the State,

 

                        Respondent                  August 28, 1991

 

            The above-captioned matter was heard as a contested case on April 29, 1991, 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 and conclusions of law are reached:

 

            1.         The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.         By letter of complaint filed with the Commission January 30, 1991 the complainant alleged that the respondent had failed to comply with his request for copies of all public records generated by respondent personally, by anyone affiliated or associated with the office of the respondent, the Citizens for Kezer Campaign, or any other campaign or organization that supported the respondent's recent candidacy, by the "transition task force" or by anyone else which related to the decision to eliminate the position of manager of legal services, and to lay the complainant off.

 

            3.         It is found that on January 22, 1991, the complainant hand delivered his request for records.

 

            4.         It is found that on January 24, 1991, copies of certain records were provided to the complainant.

 

            5.         The issue that remains for decision in this case is whether records generated by the transition task force of the respondent are subject to disclosure pursuant to 1-15 and 1-19(a), G.S.

 

Docket #FIC 91-25                             Page 2

 

            6.         It is found that in December 1990, prior to the inauguration of the respondent, the transition task force met on at least two occasions.

 

            7.         It is found that minutes of the December meetings are maintained in the basement of the home of the respondent.

 

            8.         It is concluded, that although these minutes document the meetings that the respondent held before she took office,  the requested records are not public records within the meaning of 1-18a(d), G.S., because they were not generated during the time the respondent held her present office, and because they are retained by her in her capacity as a private citizen, not in her capacity as Secretary of State.

 

            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 28, 1991.

 

                                                                 

                                    Karen J. Haggett

                                    Clerk of the Commission

 

Docket #FIC 91-25                             Page 2

 

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:

Gary G. Williams

31 Norwood Avenue

Hamden, CT  06518

 

Carolyn K. Querijero, Esq.

Assistant Attorney General

55 Elm Street

Hartford, CT  06106

 

                                                                 

                                    Karen J. Haggett

                                    Clerk of the Commission