FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Barbara Coxum,
Complainant
against Docket #FIC 93-355
Hamden Fire Marshal and Hamden Building Department,
Respondents July 27, 1994
The above-captioned matter was heard as a contested case on March 7, 1994, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.
2. It is found that by letter dated November 3, 1993, the complainant was informed by the Program Manager of the Hamden Office of Housing and Community Development that her application for assistance to carry out repairs at 257-259 Goodrich Street was denied, due to the extensive funding required to correct housing violations, which had led to the property being condemned sometime during the years 1976 and 1977.
3. It is found that the complainant then embarked upon a search to locate any and all records pertaining to the condemnation of the property described in paragraph 2, above.
4. It is found that the complainant by letters dated December 21, 1993, made two requests, one to the respondent Fire Marshall ("Fire Marshall"), and the other to the respondent Building Department ("Building Department") for access to copies of all records with respect to the property and the condemnation described in paragraphs 2 and 3, above (hereinafter "requested records").
5. Having failed to receive all of the requested records, the complainant by letter dated and filed with the Commission on December 30, 1993, appealed to the Commission alleging that the respondents violated the Freedom of Information ("FOI") Act by denying her access to copies of the requested records.
Docket # 93-355 Page 2
6. It is found that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.
7. It is found that the respondent Building Department provided the complainant with access to some of the requested records on December 29, 1993.
8. However, it is found that the complainant upon receipt of the records described in paragraph 7, above, notified the respondent Building Department that the records received were incomplete.
9. It is found that the respondent Building Department then reviewed its files and provided the complainant with a second set of records on January 7, 1994.
10. It is found that the respondent Fire Marshall provided the complainant with a two-page fire report on February 4, 1994.
11. It is found that as of the date of the hearing in this matter, the complainant has not received access to copies of all records pertaining to the condemnation of the property described in paragraph 2, above, and in particular, the complainant has not received access to the notice of condemnation (hereinafter "condemnation order").
12. Section 1-19(a), G.S., states that each public agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records shall be kept in the office of the clerk of the political subdivision in which such public agency is located.
13. It is found that the respondent Building Department and the Health Department are the public agencies responsible for issuing condemnation orders, and are therefore the custodians of such records.
14. In addition, it is found that condemnation orders issued by the respondent Building Department are sometimes maintained at the Town Hall.
15. It is found that because of the unusual and disorganized system of record-keeping by the respondent Building Department, the respondent Building Department failed to promptly provide the complainant with a copy of the requested condemnation order.
16. It is concluded that by failing to promptly search all files which contained records pertinent to the complainant's December 21, 1993 records request, and by failing to promptly
Docket #FIC 93-355 Page 3
provide the complainant with a copy of the requested condemnation order, the respondent Building Department violated the provisions of 1-15(a) and 1-19(a), G.S.
17. It is further concluded that the respondent Fire Marshall violated 1-15(a) and 1-19(a), G.S., when he failed to promptly provide the complainant 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 Building Department shall forthwith conduct a diligent search to locate the condemnation order and any other records responsive to the complainant's records requuest, and shall within one week from the mailing of the notice of the final decision in this matter provide the complainant with a copy of such records free of charge.
2. In complying with paragraph 1 of the order, if the condemnation order cannot be located, the respondent Building Department shall obtain a copy of such condemnation order either from the Town Clerk's Office or the Department of Health.
3. Henceforth, the respondents Fire Marshall and Building Department shall strictly comply with the provisions of 1-15(a) and 1-19(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 27, 1994.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 93-355 Page 4
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:
BARBARA COXUM
257 Goodrich Street
Hamden, CT 06519
HAMDEN FIRE MARSHAL AND HAMDEN BUILDING DEPARTMENT
c/o Richard E. Gitlen, Esq.
Office of the Town Attorney
2372 Whitney Avenue
Hamden, CT 06518
Debra L. Rembowski
Clerk of the Commission