The above-captioned matter was heard as a contested case on April 9, 2012, 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.  By letter of complaint filed December 22, 2011, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying his request for certain public records.

     3. It is found that, by letter dated September 26, 2011, the complainant requested from the respondents six categories of records pertaining to the attempted towing of his client’s car.

     4.  It is found that the respondents acknowledged the request on September 30, and provided 142 pages of responsive records on October 26, 2011.

     5.  It is found that complainant, after reviewing the provided records, requested on November 26 additional records he believed were missing from the 142 pages.

     6.  It is found that the respondents replied on December 1, 2011 that they would conduct a second review of their records; and on December 16, 2011 informed the complainant that the only additional records in their custody were records of correspondence between the respondents and the complainant subsequent to the complainant’s request. The respondents also obtained records from LAZ Parking, which issued the tickets, and West Hartford Auto Center, LLC, which had attempted the tow, and provided those records to the complainant.

     7.  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, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

     8.  Section 1-210(a), G.S., provides in relevant part that:

          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.

     9.  Section 1-212(a), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record”

     10.  It is concluded that the records provided to the complainant are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

     11. It is found that the respondents do not have any additional records responsive to the complainant’s request.

     12. It is therefore concluded that the respondents did not violate the FOI Act 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.

Approved by Order of the Freedom of Information Commission at its regular meeting of August 22, 2012.

__________________________
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:

Matthew Sorokin
CityPlace II, 15th Floor
185 Asylum Street
Hartford, CT  06103

William McCue, Chairman;
 James Abromitias, Executive Director,
Capital City Economic Development
Authority
100 Columbus Blvd. #500
Hartford, CT  06103

and

Capital City Economic
Development Authority
100 Columbus Blvd. #500
Hartford, CT  06103

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2011-699/FD/cac/8/22/2012