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