FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                                                Final Decision

 

Victor Nizamoff,

 

                        Complainant(s)

 

            against                                                                          Docket #FIC 1996-064

 

Sewer Authority, Town of Thompson,

 

                        Respondent(s)                                                  November 13, 1996

 

            The above-captioned matter was heard as a contested case on June 24, 1996, at which time the complainant(s) and respondent(s) 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.         By letter of complaint dated February 26, 1996, and filed with the Commission on February 27, 1996, the complainant alleged that on February 20, 1996, the respondent violated §1-19(a), G.S., by failing and refusing to give him access to, or information concerning delinquencies on properties located at numbers 7 and 19 Market Street in North Grosvenordale (“property”)

 

3.         It is found that on February 20, 1996, the complainant went to the respondent’s office and made an in-person request for access to property records.

 

            4.         It is found that the property records are public records within the meaning of §1-18a(d), G.S.

 

            5.         Section 1-19(a), G.S., provides that all records “ …maintained or kept on file by any public agency … shall be public records and every person shall have the right to inspect such records promptly  during regular office or business hours ….”

 

 

 

 

            6.         It is found that the respondent failed and refused to provide the complainant with information from, or access to the property records.

 

            7.         It is found that on February 20, 1996, after his records request was denied, the complainant exited the respondent’s offices, went immediately to the town clerk’s office and asked the town clerk to request the same information on his behalf.

 

            8.         It is found that the property information was provided to the town clerk who then passed it along to the complainant.

 

            9.         It is concluded that the respondent violated §1-19(a), G.S., by failing to provide the complainant with access to the property records.

 

            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 disclosure provisions of §1-19(a), G.S.

 

            2.         The Commission deplores the respondent’s arbitrary provision of access to public records.

 

 

 

Approved by Order of the Freedom of Information Commission at its special 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:

 

Victor Nizamoff

6 LaVoie Street

North Grosvenordale, CT 06255

 

 

Sewer Authority, Town of Thompson

815 Riverside Drive

P.O. Box 899

North Grosvenordale, CT 06255

Attention: Paul Rieman

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FD 1996-064