FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Eugene T. Ryan,
Complainant
against Docket
#FIC 95-313
Stephen J. Humes, Parks and
RecreationDirector,
Hamden Department of Parks
and Recreation,
Respondent June 26, 1996
The above-captioned matter was heard as a contested
case on February 27, 1996, at which time 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 to the respondent dated September 5, 1995 ("September
request"), the complainant requested access to five categories of
documents concerning the Farmington Park Canal construction project
("canal project records"):
a) written
agreements involving the Dietter property ("property");
b) costs
incurred by the town to fence the property;
c) costs
associated with filling the pit on the property;
d) special
permit to move dirt onto the property; and
e) certifications
relating to the Schultz Company's activities on the property.
Docket #FIC 95-313 Page
Two
3. It
is found that by letter dated September 6, 1995, the respondent acknowledged
receipt of the complainant's September request, indicated that he had already
partially complied with the request, and advised him that the balance of the
request was referred to the town attorney's office for review and
determination.
4. By
letter of complaint dated September 10, 1995, and filed with this Commission on
September 13, 1995, the complainant alleged that the respondent denied him
access to the project records, and requested the imposition of a civil penalty
against the respondent.
5. It
is found that the requested canal project records are public records within the
meaning of 1-18a(d) and 1-19(a), G.S.
6. At
the hearing on this matter ("hearing"), the respondent claimed that
he orally replied to the September request in its entirety when the complainant
hand-delivered it to his office.
7. It
is found that in response to his September request the complainant was given a
copy of only one document that partially complied with paragraph 2b), of the
findings, above.
8. The
respondent maintains, and it is found that with respect to the canal project
records identified in:
a) paragraph
2a), above, no documents exist because there have been no written contracts;
b) paragraphs
2b) and 2c), above, the only documentation that exists is a line item on an
application and certification for payment;
c) paragraph
2d), above, there is no special permit in his possession, but the the town
planner may possess such a document; and
d) paragraph
2e), above, no certification documents are presently in his possession, but the
town's consulting engineering firm on the canal project, Fuss & O'Neill,
would have any existing records.
Docket #FIC 95-313 Page
Three
9. It
is found that Fuss & O'Neill are under contract to the town and the canal
project records generated by them are town records easily obtainable by his
office.
10. At
the hearing the respondent provided the complainant with copies of some canal
project records obtained in October 1995 from Fuss & O'Neill.
11. It
is concluded that the respondent violated 1-19(a), G.S., by failing to
promptly provide the complainant with access to the requested canal project
records, identified in paragraphs 2(b), 2(c) and 2(e), of the findings, above.
12. The
Commission declines to issue a civil penalty.
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 provisions of 1-19(a), G.S.
2. The
Commission observes that the respondent did not act in the best tradition of
public service when he failed to a) forward the September request to the town
planner or advise the complainant that the town planner might have responsive
records in his files, and b) obtain all responsive records from Fuss &
O'Neill's files.
3. Within
seven days of the date of the mailing of the notice of final decision in this
case, the respondent shall obtain from Fuss & O'Neill all canal project
records responsive to the September request, and within twenty-four hours of
receipt of any records, the respondent shall notify the complainant that such
records are available for inspection or copying in accordance with
1-19(a) and 1-15(a), G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of June 26, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-313 Page
four
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:
Eugene T. Ryan
535 Brooksvale Avenue
Hamden, CT 06518
Stephan J. Humes, Parks and
Recreation Director, Hamden Department of Parks and Recreation
c/o Susan Gruen, Esq.
Assistant Town Attorney
Town of Hamden
2372 Whitney Avenue
Hamden, CT 06518
Elizabeth A. Leifert
Acting Clerk of the Commission