FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Frank and Terri Pacileo and Zoom and Groom,
Complainant
against Docket #FIC 93-310
Director, Naugatuck Valley Health District,
Respondent March 23, 1994
The above-captioned matter was heard as a contested case on February 4, 1994, at which time the complainants 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 dated November 5, 1993 and filed with the Commission on November 12, 1993 the complainants alleged that the respondent violated the Freedom of Information ("FOI") Act by denying them access to inspect or copy records containing the identity of the person who filed a complaint with the respondent's department concerning possible illegal dumping of waste by the complainants.
3. It is found that on or about October 21, 1993, the complainants requested of the respondent access to the records described in paragraph 2, above.
4. The respondent denied the complainants' October 21, 1993 request by letter dated October 26, 1993, claiming that the policy of the respondent's department precluded disclosure of the identity of complainants.
5. Section 1-19(a), G.S., provides in pertinent part:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and
Docket #FIC 93-310 Page 2
every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15.
6. Section 1-19(a), G.S., also provides that any agency rule or regulation that conflicts with the provisions of the FOI Act or diminishes or curtails in any way the rights granted by that section of the FOI Act shall be void.
7. It is found that the requested records are public records within the meaning of 1-19(a), G.S.
8. It is found that the respondent failed to establish any federal law or state statute that exempts the requested records from public disclosure.
9. It is also found that the respondent's department policy, referred to in paragraph 4, above, is void as it conflicts with and diminishes the rights granted under the provisions of 1-19(a), G.S.
10. It is therefore concluded that the respondent violated the provisions of 1-15 and 1-19(a), G.S., by failing to promptly provide the complainants with access to the requested records.
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 complainants with access to the requested records.
2. Henceforth, the respondent shall strictly comply with the open records provisions of 1-15 and 1-19(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 23, 1994.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93-310 Page 3
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:
Mr. Frank Pacileo
Ms. Terri Pacileo
Zoom & Groom
6 Washington Drive
Middlebury, CT 06762
Director, Naugatuck Valley Health District
470 Howe Avenue
Shelton, CT 06484
Elizabeth A. Leifert
Acting Clerk of the Commission