FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Steven Edelman,
Complainant
against Docket
#FIC 95-228
Ann Bushey, Windham Town
Clerk,
Respondent May 8, 1996
The above-captioned matter was heard as a contested
case on January 11, 1996, at which time the complainant and respondent appeared
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 dated July 10, 1995, and filed with this Commission on July
11, 1995, the complainant alleged that certain original affidavits that were
available for public inspection on November 18, 1994, were not found in the
Windham Town Clerk's ("town clerk") office on July 5, 1995. The complainant requested the imposition of
a civil penalty.
3. The
Commission takes administrative notice of the record, decision and case file in
Docket #FIC 94-424, Edelman v. Diane Potvin, Administrative Secretary, Town of
Windham ["town"] and Walter Pawelkiewicz, Windham First Selectman
("FIC 94-424"), wherein a copy of the subject affidavits was provided
to the complainant on June 30, 1995, prior to the hearing on that contested
case. The final decision in FIC 94-424
ordering "strict compliance with the disclosure requirements of
1-15 and 1-19(a), G.S.," has been appealed to the Superior
Court.
4. The
respondent claims that the complainant has failed to allege a violation of
Connecticut's Freedom of Information ("FOI") Act because he has not
alleged that the respondent failed to provide access to, or copies of the
affidavits, only that the town clerk failed to have the original affidavits.
Docket #FIC 95-228 Page
2
5. It
is found that the original affidavits at issue have never been "maintained
or kept" as public records in the town clerk's office. At all times material, the original
affidavits have been maintained or kept as part of the litigation file of an
attorney working under contract to the town.
6. It
is found further that the respondent has provided a copy of the subject
affidavits to the complainant, as described in paragraph 3, above, and to
subsequent requesters--including the complainant's father.
8. It
is concluded that the respondent did not violate the FOI Act under the facts of
this case.
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 May 8, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-228 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:
Steven Edelman
Frog Pond
Windham Center, CT06280
Ann Bushey, Windham Town
Clerk
c/o Richard S. Cody, Esq.
21 East Main Street
P.O. Box 425
Mystic, CT 06355
Elizabeth A. Leifert
Acting Clerk of the Commission