FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
David Kohn,
Complainant
against Docket #FIC 94-17
Wilton Fire Department,
Respondent May 25, 1994
The above-captioned matter was heard as a contested case on April 19, 1994, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint. The respondent did not appear.
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 this Commission on January 20, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by denying him access to the minutes of its January 13, 1994 special meeting. The complaint also requests the release of any records and correspondence relevant to the agenda of the respondent's January 13, 1994 special meeting.
3. It is found that on January 20, 1994, the complainant verbally requested of the respondent a copy of the minutes of the respondent's special meeting of January 13, 1994.
4. It is found that at the time of the hearing into this matter, the respondent had supplied a copy of its minutes to the complainant, and the complainant no longer wished to pursue that portion of his complaint.
5. It is found that by letter dated January 28, 1994, the complainant requested copies of any letters, memoranda, notes or other documents relative to 1) reviews and/or approvals by the town counsel and 2) any letters, memoranda notes or other documents relative to the direction received by Mr. von Zehle to enroll in training classes for certification by the state of Connecticut as a fire marshall.
6. At the hearing into this matter, the complainant indicated that he continues to seek access to the records identified in paragraph 5, above.
Docket #FIC 94-17 Page 2
7. Pursuant to the provisions of 1-21i(b)(1), G.S., a notice of appeal from any alleged denial of the right to inspect or copy records shall be filed within thirty days after such denial.
8. It is concluded that because the instant appeal was filed prior to the alleged denial of the records described in paragraph 5, above, this Commission currently lacks jurisdiction over this matter.
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.
2. The Commission notes that the complainant is free to re-request the records he seeks from the respondent, thereby preserving his right for a hearing before this Commission if he files a timely appeal from an ensuing denial, if one occurs.
Approved by Order of the Freedom of Information Commission at its regular meeting of May 25, 1994.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 94-17 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. David Kohn
69 Cherry Lane
Wilton, CT 06897
Wilton Fire Department
c/o William von Zehle, Jr.
Fire Chief
Wilton Fire Department
236 Danbury Road
Wilton, CT 06897
Elizabeth A. Leifert
Acting Clerk of the Commission