FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final
Decision
Sean Turpin,
Complainant,
against Docket
#FIC 1996-061
President, Round Hill Volunteer Fire
Department and Round Hill Volunteer
Fire Department,
Respondents, October
9, 1996
The
above-captioned matter was heard as a contested case on June 24, 1996, at which
time the complainant and the respondents 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 respondents are public agencies
within the meaning of §1-18a(a),
G.S.
2. It is found that during December, 1995,
and again by letter dated January 29, 1996, the complainant requested that the
respondents provide him with access to a copy of the following records:
a. the written and typed minutes of all of the
respondent fire department’s meetings for the past year, including monthly,
executive and officer meetings;
b. a list of all current members of the
respondent fire department and their date of membership; and
c. the chief’s report to the town of Greenwich
for the past year and the
responding personnel for
each firematic activity in such report.
Docket #FIC 1996-061 Page
2
3. Having failed to receive access to the
records, described in paragraph 2, above, (hereinafter “requested records”),
the complainant by letter dated February 20, 1996 and filed on February 26,
1996, appealed to the Commission alleging that the respondents violated the
Freedom of Information (“FOI”) Act by denying him access to the requested
records.
4. It is found that the respondents
maintain records responsive to the records requested by the complainant, and
described in paragraph 2, above.
5. The respondents contend that they did
not provide the complainant with the requested records because such records are
being sought solely for the purpose of harassing the respondents.
6. Section 1-19(a), G.S., provides in
relevant part:
Except
as otherwise provided by any federal law or state statute,
all records maintained or kept on file by any public agency, whether or not
such records are required by any law or by any rule or regulation, shall be
public records and every person shall have the right to inspect such records promptly during regular office or
business hours or to receive a copy of such records in accordance with the
provisions of section 1-15. Any agency
rule or regulation, or part thereof, that conflicts with the provisions of this
subsection or diminishes or curtails in any way the rights granted by this
subsection shall be void. [Emphases
added.]
7. It is found that the respondents have
failed to prove that any of the requested records are exempt from disclosure.
8. It is also found that the complainant
has not taken this appeal frivolously, without reasonable grounds and solely
for the purpose of harassing the respondents.
9. It is therefore concluded that the
respondents violated §§1-15
and 1-19(a), G.S., when they failed to promptly provide the complainant with
access to a copy of the requested records.
Docket #FIC 1996-061 Page
3
The following order by
the Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The respondent president shall forthwith arrange to provide the
complainant with access to inspect all of the requested records. Upon the completion of such inspection, the
complainant shall inform the respondent president which of the records
inspected he requires a copy of. The
respondent president shall forthwith
arrange to have such copies made and provided to the complainant, free of
charge.
2. Henceforth, the respondents shall
strictly comply with the requirements of §§1-15
and 1-19(a), G.S.
Approved by Order of the Freedom of Information
Commission at its regular meeting of October 9, 1996.
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission
Docket # FIC 1996-061 Page
4
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:
Sean Turpin
120 Halstead Avenue
Greenwich, CT 06831
President, Round Hill Volunteer Fire Department
and Round Hill Volunteer Fire Department
c/o
Margaret A. Triolo, Esq.
PO Box
2250
Greenwich, CT 06836
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission