FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Steven Edelman,

 

                                Complainant

 

                against                   Docket #FIC 95-281

 

Walter Pawelkiewicz, First Selectman, Town of Windham,

 

                                Respondent                          May 8, 1996

 

                The above-captioned matter was heard as a contested case on February 8, 1996, 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 of complaint dated August 7, 1995 and filed with the Commission on August 18, 1995, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by demanding that he sign a statement as a precondition to inspecting the calendars and certain other records pertaining to the respondent's appointment schedule for November 17, 18 and 19, 1994.

 

                3.  It is found that by letter dated July 19, 1995 the complainant requested that the respondent provide him with access to inspect the records described in paragraph 2, above, (hereinafter "requested records").

 

                4.  It is found that by letter dated July 19, 1995, the respondent invited the complainant to visit his office and inspect the requested records at his convenience.  The respondent also indicated "Please be aware that I will have a statement for you to sign stating that you have viewed the documents", (hereinafter "statement").

 

                5.  It is found that the complainant visited the respondent's office on July 20, 1995 and at that time inspected the requested records and signed the statement indicating that he had viewed the requested records.

 

                6.  It is found that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

Docket #FIC 95-281                                             Page 2

 

                7.  The complainant contends that he was required to sign the statement as a precondition to inspecting the requested records and that such a requirement amounts to a rule or policy which violates 1-19(a), G.S.

 

                8.  It is found that the complainant was allowed to inspect the requested records and then he signed the statement.

 

                9.  It is found that while the respondent asked the complainant to sign the statement, the respondent did not require the complainant to do so as a precondition to allowing him to inspect the requested records.

 

                10.  It is therefore concluded that the respondent did not violate 1-19(a), G.S.

 

                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 95-281                                             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

 

Walter Pawelkiewicz, First Selectman, Town of Windham

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