FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Lewis H. McClaine,
Complainant
against Docket
#FIC 95-208
Director, Bridgeport Office
of Planning and Economic Development,
Respondent June 12, 1996
The above-captioned matter was heard as a contested
case on December 27, 1995, at which time the respondent appeared but the
complainant failed to appear, and February 21, 1996, at which time both the
complainant and the 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. It
is found that by letter dated May 22, 1995 ("May request"), the
complainant requested that he be provided with copies of the following: a) all
records relating to the Cedar Street Co-op Community Development Block Grant
("block grant") project, b) the records of all other Bridgeport
("city") block grant projects, and c) seventeen other categories of
records.
3. It
is found that by letter dated May 25, 1995, the respondent acknowledged receipt
of the complainant's May request and informed him that the request had been
forwarded to the city attorney's office for review and instruction ("May
response").
4. In
its May response the respondent further advised the complainant that because
the block grant program has been in operation in the city for twenty-one years,
thousands of pages of documentation exist and are responsive to his May
request, and a deposit of five hundred dollars for reproduction of the first
one thousand pages, at a charge of fifty cents per page, was required.
Docket #FIC 95-208 Page Two
5. It
is found that in June 1995 ("June letter"), the complainant wrote the
respondent a letter clarifying his May request, and asking that he be permitted
to bring a copying machine into the respondent's office to copy the subject
records.
6. By
letter of complaint dated and hand-delivered to the Commission on June 22,
1995, the complainant alleged that the respondent had a) not complied with his
May request, and b) failed to respond to, or comply with, his June letter.
7. By
correspondence dated February 8, 1996, and filed with the Commission on
February 13, 1996, the respondent counter-claimed that the complainant's appeal
is "frivolous, without reasonable grounds and solely for the purpose of
harassing the city."
8. It
is found that the requested records are public records within the meaning of
1-18a(d) and 1-19(a), G.S.
9. At
the hearing on this matter, the respondent conceded that there is an agreement
between him and the complainant allowing for the use of a personal copier to
reproduce the records at issue.
10. It
is found that by letter dated July 3, 1995, the respondent informed the
complainant that he could inspect all existing, nonexempt records.
11. It
is found, however, that the complainant's May request was in the possession of
the city attorney's office for approximately three months--from June 1995
through September 1995--and as a result the subject records were not made
available to the complainant until October 17, 1995--five months after his May
request.
12. It
is found that the respondent only has the city's block grant records for the
last seven years, from 1989 through 1995.
13. The
respondent contends that the block grant records include tax return and other
exempt financial information of property owners.
14. It
is found that the complainant is not seeking any tax return or other financial
data relating to the property owners involved with the various block grant
projects.
Docket #FIC 95-208 Page
Three
15. It
is found that instead of the respondent making the original block grant records
and files available to the complainant, he has instructed his staff to
photocopy the documents contained in the block grant files and then make the
copies available to the complainant.
16. It
is found that the respondent has made copies of all block grant files in his
custody or control for the years 1992 through 1995.
17. It
is found that while the respondent has made some documents available to the
complainant for copying, he has nevertheless failed to promptly or fully comply
with the complainant's May request.
18. It
is therefore concluded that the respondent's failure to provide the complainant
with access to the requested records violated the provisions of 1-15
and 1-19(a), G.S.
19. It
is found that the complainant's appeal to this Commission is not frivolous, and
was not taken for the purpose of harassing the respondent.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The
respondent shall immediately provide the complainant with a copy of the block
grant records for 1992 through 1995, free of charge, and furnish to the
complainant an affidavit stating that the records provided constitute the only
records responsive to his May request for the years 1992 through 1995.
2. The
respondent shall immediately retrieve and copy all of the city's block grant
records for 1989 through 1991, provide them to the complainant, free of charge,
and furnish to the complainant an affidavit stating that the records provided
constitute the only records responsive to his May request for the years 1989
through 1991.
3. In
complying with paragraph 2 of this order, the respondent may redact, delete or
blacken tax return or financial data of property owners involved in the city's
block grant projects from 1989 through 1991.
If the respondent chooses to redact the aforementioned tax return or
financial data, then the respondent must so state in the affidavits ordered in
paragraphs 1 and 2, of this order, above.
Docket #FIC 95-208 Page
Four
4. Additionally,
the respondent shall immediately execute, or cause to be executed, a search of
all files within his custody and control for those records responsive to that
part of the complainant's May request specified in items numbered one (1)
through seventeen (17) of the request and referenced in paragraph 2 of the
findings, above. If no records exist
which are responsive to the complainant's May request as detailed in items 1
through 17 of that request, then the respondent shall execute, or cause to be
executed, an affidavit detailing the particulars of the search conducted and
stating that no such documents exist for specified items.
5. The
respondent shall provide the complainant with all documents and affidavits as
directed in paragraphs 1 and 2 of this order, no later than seven days
following the date of the mailing of notice of final decision in this case.
6. Henceforth,
the respondent shall strictly comply with the public records requirements set
forth in 1-15 and 1-19(a), G.S.
7. The
respondent's counter-claim is hereby dismissed.
Approved by Order of the
Freedom of Information Commission at its regular meeting of June 12, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-208 Page
Five
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:
Lewis H. McClaine
256 Strawberry Hill Avenue
Stamford, CT 06902
Director, Bridgeport Office
of Planning and Economic Development
c/o John H. Barton, Esq.
Office of the Attorney
General
202 State Street
Bridgeport, CT 06604
Elizabeth A. Leifert
Acting Clerk of the
Commission