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