FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Edward Ozkowski,

 

                        Complainant(s)

 

            against                                                                          Docket #FIC 1996-131

 

First Selectman, Town of Oxford,

 

                        Respondent(s)                                                  December 11, 1996

 

            The above-captioned matter was heard as a contested case on, August 6, 1996, at which time the complainant and respondent 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 respondent is a public agency within the meaning of §1-18a(a), G.S.

 

2.         By letter of complaint dated and filed April 24, 1996, the complainant alleged that the respondent failed and refused to comply with his April 24, 1996, oral and written requests for certain documents.

 

            3.         It is found that on April 24, 1996, a negotiated agreement and general release (“settlement document”) concerning the Town of Oxford’s ( “town”) litigation over construction of the Quaker Farms School (“school”) was received by the respondent on behalf of the town.

 

            4.         It is found that at a special meeting held at 7:30 p.m. on April 24, 1996 (“April meeting”), the respondent and other members of the town’s board of selectmen agreed to accept the settlement document and end the pending litigation concerning the construction of the school.

 

            5.         It is found that prior to of the April meeting the complainant made an oral and a written request to the respondent for documentation of the settlement of the school litigation.

 

 

 

 

            6.         It is found that at the time of the complainant’s request, in addition to the settlement documents approved at the April meeting, there also existed a release form from an architect dated March 25, 1996 (“release”).

 

            7.         It is found that the respondent denied the complainant’s request on April 24, 1996.

 

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

 

            9.         The respondent argues that because there had been ongoing litigation the responsive records were in the possession of the town attorney, and therefore the respondent could not comply with the complainant’s records requests.

 

            10.       The respondent further argued that the town attorney had all records pertaining to settlement of the litigation concerning the school construction in his possession until approximately July 30, 1996, when the documents were finally forwarded to the respondent and placed in the town’s files.

 

            11.       It is found that that the respondent could and should have either secured a copy of the requested records from the town attorney, or informed the town attorney of the complainant’s records request so that he could have contacted the complainant about the records request.

 

            12.       Section 1-15(a), G.S., provides that “[a]ny person applying in writing shall receive, promptly upon request, a … copy of any public record.”

 

            13.       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 .. or to receive a copy of such records … in accordance with the provisions of 1-15.”

 

            14.       It is concluded that the respondent violated §§1-15(a) and 1-19(a), G.S., by failing to provide the complainant with a copy of the settlement and release documents promptly upon request.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

            1.         Forthwith, the respondent shall provide the complainant with a copy of the settlement and release, free of charge.

            2.         Henceforth the respondent shall strictly comply with the public records requirements clearly set forth in §§1-15(a) and 1-19(a), G.S.

 

 

Approved by Order of the Freedom of Information Commission at its special meeting of December 11, 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:

 

Edward Ozkowski

11 Shelton Road

Oxford, CT 06478

 

 

First Selectman, Town of Oxford

c/o  Carl Serus, Administrative Assistant to the First Selectman

486 Oxford Road

Oxford, CT 06478

 

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FIC 1996-131/FD/eal/121696