FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final
Decision
Lorraine Tirella,
Complainant
against Docket
#FIC 1996-087
First Selectman, Town of Oxford
and Town of Oxford,
Respondents October 9, 1996
The
above-captioned matter was heard as a contested case on July 15, 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 on March 4, 1996 the
complainant visited the Oxford town hall and requested the following records
(hereinafter “requested records”):
a. Lila Ferrillo’s time sheets for the past
four weeks;
b. Lila Ferrillo’s contract;
c. the last four years of the town of Oxford
Park and Recreation commission special activities account records; and
d. the daily records of the summer playground
of 1993 and 1994.
3. Having failed to receive the requested
records the complainant, by letter dated March 9, 1996 and filed on March 11,
1996, appealed to the Commission alleging that the respondents violated the
Freedom of Information (“FOI”) Act denying her access to the requested records.
Docket #FIC 1996-087 Page
2
4. It is found that the respondent first
selectman responded to the complainant’s request by letter dated March 5, 1996,
indicating that some of the requested records were being made available, and
referring the complainant to the Park and Recreation director to obtain others.
5. It is found that the respondents
maintain records which are responsive to the complainant’s request , and such
records are public records within the meaning of §§1-18a(d)
and 1-19(a), G.S.
6. With respect to the allegation
described in paragraph 2a. above, it is found that the respondents promptly
provided the complainant with access to a copy of the time sheets on March 7,
1996, and therefore, did not violate §§1-15
and 1-19(a), G.S.
7. With respect to the allegation
described in paragraph 2b. above, it is found that the respondents maintain a
union contract at the town hall.
8. It is found that the respondents failed
to promptly provide the complainant with access to a copy of the union
contract, described in paragraph 7, above, and therefore, violated §§1-15
and 1-19(a), G.S.
9. With respect to the allegation
described in paragraph 2c. above, it is found that the requested records are
the records of the Park and Recreation commission and some are kept at the town
hall, some by the town’s bookkeeper, in a separate location, and some by the
administrative assistant to the board of selectmen.
10. It is found that on March 7, 1996, when
the complainant visited the town hall, the respondents failed to promptly
provide her with access to a copy of the requested records, and therefore,
violated §§1-15
and 1-19(a), G.S.
11. With respect to the allegation described
in paragraph 2d. above, it is found that the respondents do not maintain any
daily summer playground records responsive to the complainant’s request and
therefore, did not violate §§1-15
and 1-19(a), G.S.
The following order by
the Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The respondents shall forthwith provide
the complainant with access to inspect and to a copy of the requested records,
as more fully described in paragraphs 7 and 9 of the findings, above.
2. Henceforth, the respondents shall
strictly comply with the provisions of §§1-15
and 1-19(a), G.S.
Docket #FIC 1996-087 Page
3
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 1996-087 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:
Lorraine Tirella
11 Larkey Road
Oxford, CT 06478
First Selectman, Town of Oxford and Town of
Oxford
c/o Dominick J. Thomas, Jr., Esq.
Oxford Town Counsel
PO Box
313
Derby, CT 06418
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission