FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Robin E. Maheu,
Complainant
against Docket
#FIC 95-367
Bristol Director of Public
Works,
Respondent July 10, 1996
The above-captioned matter was heard as a contested
case on March 20, 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 dated September 5, 1995, the complainant requested that
he be provided with six categories of documents ("September
request").
3. By
letter of complaint dated October 10, 1995 ("complaint"), and filed
with the Commission on October 12, 1995, the complainant appealed the
respondent's failure to respond to, or comply with his September request.
4. It
is found that the requested records are public records within the meaning of
1-18a(d) and 1-19(a), G.S.
5. It
is found that subsequent to the filing of his complaint, the respondent
provided the complainant with the documents constituting full compliance with
items numbered 1, 2 and 6 in his September request.
6. It
is found that subsequent to the filing of the complaint the respondent also
provided the complainant with some of the documents requested in items numbered
3, 4 and 5 of the September request.
Docket #FIC 95-367 Page
Two
7. Regarding
item 3 in the September request, it is found that the respondent has provided
the complainant with all of the records in his possession, because he does not
maintain the Claims Committee records that the complainant is seeking.
8. With
respect to item 4 in the September request, it is found that on or about March
14, 1996, the respondent mailed additional documentation to Attorney Ziegler
who the respondent believed was representing the complainant in his complaint
since he was his counsel on other matters.
9. It is found that Attorney Ziegler is not counsel
to the complainant on his complaint.
10. The
complainant argues that the documentation mailed to Attorney Ziegler was not
given to him.
11. Regarding
item 5 in the September request, it is found that the only background
information concerning the Miller Road properties is contained in minutes of
the town's Board of Public Works ("board") meetings held between
November 17, 1994 and December 1995 ("board minutes").
12. The
respondent maintains that in late February 1996 he hand-delivered those board
minutes to the complainant. However,
the respondent has agreed to give the complainant access to the board minutes
and the minutes of all other board meetings containing discussions of other
builders' properties and special connection fees.
13. It
is concluded that the respondent violated 1-15(a) and 1-19(a), G.S.,
by failing to promptly provide the complainant with all requested records in
his possession.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. Within
seven days of the date of mailing of the notice of final decision in this case,
the respondent shall provide the complainant with a copy of the records
identified in paragraph/item 4 of the complainant's September request, free of
charge, and furnish to the complainant an affidavit stating that the records
provided constitute the only records responsive to that part of his September
request.
Docket #FIC 95-367 Page
Three
2. Within
seven days of the date of mailing of the notice of final decision in this case,
the respondent shall give the complainant access to the board minutes
identified in paragraphs 11 and 12 of the findings, above, and also provide the
complainant with a copy of those board minutes identified in paragraphs 11 and
12 of the findings, above, that have not already been provided, free of charge.
3. Henceforth,
the respondent shall strictly comply with the public records requirements set
forth in 1-15(a) and 1-19(a), G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of July 10, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 96-367 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:
Robin E. Maheu
President
Maheu Builders, Inc.
550 Broad Street
Bristol, CT 06011-0024
Bristol Director of Public
Works
c/o Dean B. Kilbourne
Assistant Corporation Counsel
City of Bristol
111 North Main Steet
Bristol, CT 06010
Elizabeth A. Leifert
Acting Clerk of the Commission