Final Decision FIC2015-345
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In the Matter of a Complaint by |
FINAL DECISION | |
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Bradshaw Smith,
Complainant |
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against
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Docket #FIC 2015-345 | |
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Randall Graff, Chairman, Capital
Improvements Committee, Town of Windsor; and Capital Improvements Committee, Town of Windsor Respondents |
April 27, 2016 |
The above-captioned matter was heard as a contested case on April 1, 2016, 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 §1-200(1), G.S.
2. It is found that on April 16, 2015, the respondents held a properly noticed meeting whose agenda included “Review of Draft FY 2016-2017 Capital Improvements Plan.”1 It is found that the agenda stated that there were “backup materials” related to such agenda item.
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The complainant alleges that the meeting occurred on "May 16, 2015," but it appears, and it is found, that the complainant intended to allege that the meeting occurred on "April 16, 2015."
3. By letter filed May 15, 2015, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to make the draft plan available prior to the meeting.
4. Section 1-200(5), G.S., provides:
Public records or files means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, …whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.
5. Section 1-210(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 (1) inspect such records promptly during regular office or business hours, … or (3) receive a copy of such records in accordance with section 1-212.
6. Section 1-212(a), G.S., provides in relevant part: “Any person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record.”
7. It is found that all the records requested by the complainants are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.
8. It is found that although the complainant protested during the meeting that the public was unable “to comment intelligently on a document that they have never seen before,” the complainant did not request a copy of the draft plan, nor did he request to inspect the plan.
9. It is found that, had he requested to receive or to inspect a copy of the draft plan, the respondents would have provided it to him.
10. It is concluded, therefore, that the respondents did not violate §§1-210(a) and 1-212(a), G.S, as alleged.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is dismissed.
1. The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 27, 2016.
__________________________
Cynthia A. Cannata
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.
Cynthia A. Cannata
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:
Bradshaw Smith
23 Ludlow Road
Windsor, CT 06095
23 Ludlow Road
Windsor, CT 06095
Randall Graff, Chairman, Capital Improvements Committee,
Town of Windsor; and Capital Improvements Committee,
Town of Windsor
c/o James P. Welsh, Esq.
O’Malley, Deneen, Leary, Messina & Oswecki
20 Maple Avenue
P.O. Box 504
Windsor, CT 06095
Town of Windsor; and Capital Improvements Committee,
Town of Windsor
c/o James P. Welsh, Esq.
O’Malley, Deneen, Leary, Messina & Oswecki
20 Maple Avenue
P.O. Box 504
Windsor, CT 06095
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
Cynthia A. Cannata
Acting Clerk of the Commission
FIC/2015-345/FD/cac/4/27/2016