FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Sharon W. McGrath,

 

                                Complainant

 

                against                   Docket #FIC 95-203

 

Seymour First Selectman,

 

                                Respondent                          February 28, 1996

 

                The above-captioned matter was heard as a contested case on December 21, 1995, 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 dated and hand delivered on May 17, 1995, the complainant requested that the respondent provide her with:

 

                    "a) a detailed selectmen's budget as submitted and

                                then approved;

 

                                b) (i) a written report on the current companies receiving the SMART (Seymour Manufacturers Assistance Recruitment/Retention Tax Plan) tax abatement program;

 

                                   (ii) the actual cost to provide this program;

 

                                   (iii) the actual criteria used to determine eligibility; and

 

                                c) an updated list of current board and commission members to include the Open Space Advisory Board."

 

                3.  By letter dated June 15, 1995, and filed June 19, 1995, the complainant appealed to the Commission and alleged that the respondent violated the Freedom of Information ("FOI") Act by failing to comply with her request.

 

#FIC 95-203                                           Page 2

 

                4.  At the hearing on this matter, the complainant withdrew that portion of her appeal relative to her request identified in paragraph 2c, above, because the respondent complied with that portion of her request in October 1995.

 

                5.  It is found that at a June 6, 1995 meeting of the Seymour Board of Selectmen (hereinafter "board"), the respondent orally informed the complainant that he did not maintain any records responsive to the complainant's requests identified in paragraphs 2b(i) and (ii), above.

 

                6.  With respect to the complainant's request identified in paragraph 2a, above, it is found that the respondent does not maintain a detailed "selectmen's budget."

 

                7.  It is found that in the past the board prepared a "selectmen's budget" for submission to the Seymour Board of Finance, but that pursuant to the 1995 town charter, the respondent alone submits budget recommendations to the board of finance.

 

                8.  At the hearing on this matter, the complainant clarified that she is seeking the respondent's budget recommendations that he submitted to the board of finance.

 

                9.  It is found that in February 1995, the respondent submitted his budget recommendations in note form to the board of finance but did not make or retain a copy of such notes.

 

                10.  It is concluded that the respondent did not violate the FOI Act by failing to provide the complainant with budget documents not in his possession.

 

                11.  With respect to the complainant's request identified in paragraph 2b(iii), above, it is found that the respondent maintains a grid which illustrates the actual criteria used to determine eligibility for the SMART program.

 

                12.  It is further found that the grid described in paragraph 11, above, is a public record within the meaning of 1-18a(d) and 1-19(a), G.S.

 

                13.  The respondent maintains that the complainant, who is a former selectman, received a copy of the grid in a folder provided at a board meeting sometime in early 1995.

 

                14.  It is found, however, that the complainant did not receive the grid in response to her May 17, 1995 request until October 1995.

 

#FIC 95-203                                           Page 3

 

                15.  It is concluded that by failing to promptly provide the complainant with a copy of the subject grid, the respondent violated the provisions of 1-15(a), G.S.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.  Henceforth, the respondent shall strictly comply with the requirements of 1-15(a), G.S.

 

                2.  The Commission advises the respondent to consult the Public Records Administrator to ensure his compliance with the public records retention and destruction statutes.

 

                3.  The complaint is hereby dismissed with respect to the requests identified in paragraphs 2a, 2b(i) and (ii), and 2c of the findings, above.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 28, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-203                                             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:

Sharon W. McGrath

7 Omar Street

Seymour, CT 06483

 

Seymour First Selectman

c/o Colleen D. Fries, Esq.

P.O. Box 1978

Bridgeport, CT 06604

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission