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 1996-031

 

Director of Public Works,

City of Bristol,

 

            Respondent                                                                  November 13, 1996

 

 

            The above-captioned matter was heard as a contested case on June 19, 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 dated January 22, 1996, the complainant requested that the respondent provide him with copies of the following:

 

a)  all correspondence to Mr. John Scarritt/Desco Associates

with regard to the Vanderbilt Road/James/Maheu/Scarritt/Belonick

situation;

 

b) all public works and sewer committee minutes related to this

situation; and

 

                        c)  the voting history by Mr. Padlow, a public works member and sewer

                        committee member with regard to any activity directly affecting

                        Maheu Builders Inc. concerning Vanderbilt Road and Miller Road.

 

3.  By letter dated January 26, 1996, the respondent indicated that he found three pieces of correspondence consisting of five pages responsive to the complainant’s request identified in paragraph 2 a), above; that the request pursuant to paragraph 2 b), above, is the subject of the minutes of nine separate meetings; and that there is no compilation of the voting history of any public works board member responsive to the request identified in paragraph 2 c), above.

 

            4.  It is also found that by letter dated January 26, 1996, the respondent indicated that full sets of minutes responsive to the request identified in paragraph 2 b), above, consist of 105 pages whereas excerpts from those minutes directly pertaining to the subject of interest to the complainant consist of only 23 pages.  The respondent awaited further direction from the complainant concerning how many pages the complainant wanted copied. 

 

            5.  By letter dated January 30, 1996, and filed with the Commission on January 31, 1996, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying him copies of the requested records.

 

6.  It is found that the records identified in paragraphs 2 a) and b), above, are public records within the meaning of §1-18a(d) and 1-19(a), G.S., and that no records responsive to the complainant’s request in paragraph 2c), above, exist.

 

            7.  It is found that thereafter on February 14, 1996, the complainant notified the respondent of his election for copies of the five pages identified in paragraph 3, above, and for copies of the 23 pages of excerpts from minutes identified in paragraph 4, above.

 

8.  At the hearing into this matter, the complainant conceded that the respondent supplied all available records to him pursuant to his January 22, 1996 request, but that the respondent still had not provided him with “certain answers” he seeks.

 

9.  It is found that the respondent provided the complainant with all records responsive to his request and that the FOI Act does not require a public agency to supply answers to questions.

 

10.  It is concluded that under the facts of this case, the respondent is not in violation of any provision of the FOI Act.

 

11.  The respondent contends that the complainant was aware that the respondent had fully complied with the complainant’s request for records and that communications made as part of the Commission’s ombudsman program support the respondent’s claim that the complainant’s motivation in the filing of this appeal was to harass the respondent.

 

            12.  This Commission is prohibited from considering any communications made during settlement attempts pursuant to its ombudsman program.

 

            13.  To the extent the respondent’s statements identified in paragraph 11, above, imply a request for the imposition of civil penalties against the complainant, the Commission declines to consider such request as a matter of discretion 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 November 13, 1996.

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

Acting Clerk of the Commission

 

 

 

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

Maheu Builders, Inc.

550 Broad Street/Route 72

Bristol, CT 06011-0024

 

 

Director of Public Works, City of Bristol

c/o  Dean Kilbourne, Esq.

Corporation Counsel

111 North Main Street

Bristol, CT 06010

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FIC 1996-031/FD/eal/112296