Vehicle Financial Expenditures (Danbury Department Of Public Works)

Jordan Lassiter filed this request with the Danbury Department Of Public Works of Danbury, CT.

It is a clone of this request.

Multi Request Vehicle Financial Expenditures
Est. Completion July 31, 2023
Status
Fix Required

Communications

From: Jordan Lassiter

To Whom It May Concern:

Pursuant to the Connecticut Freedom of Information Act, I hereby request the following records:

The current financial budget for expenditures towards vehicle purchases and repairs
Policy and Procedures to have vehicles purchased
Policy and Procedures for vehicle maintenance & repairs
Any vehicle purchases made between January 1st, 2021 -October 4th 2022 including the make year and model of the vehicle
Any vehicle repair Invoices for January 1st, 2021 -October 4th 2022
Any vehicle repair logs for January 1st ,2021-October 4th 2022

I also request that, if possible and pursuant to Conn. Gen. Stat. § 1-212(d), fees be waived as I believe this request is in the public interest and not made for commercial gain. The requested documents will be processed by a representative of the news media/press and made available to the public at MuckRock.com.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 4 business days, as the statute requires.

Sincerely,

Jordan

From: Jordan Lassiter

To Whom It May Concern:

I am writing to follow up on my previous request made under the Connecticut Freedom of Information Act on October 18, 2022, which requested records related to the current financial budget for expenditures towards vehicle purchases and repairs, policies and procedures for vehicle purchases, maintenance, and repairs, and any vehicle purchases, repair invoices, and logs made between January 1, 2021, and October 4, 2022.

As of today's date, I have not received a response to my request. Pursuant to Conn. Gen. Stat. § 1-210(a), I respectfully remind you that the law requires that a response to a request for records be made promptly and within four business days, unless the request is voluminous, requires redaction, or there are other extenuating circumstances.

I also bring to your attention that the failure to respond to a FOIA request or the willful destruction of records that are the subject of a FOIA request are violations of law. As a matter of case law, I refer you to Connecticut Supreme Court's decision in Comm'r of Public Safety v. FOIC, 309 Conn. 674, 714 (2013), where the court held that a public agency's destruction of records that were the subject of a FOIA request was a per se violation of the Act.

I ask that you provide me with the requested records as soon as possible, and at the latest, within the next five business days. If you are unable to provide me with the requested records within that time frame, please inform me of the reason for the delay and provide me with an estimated date by which the records will be available.

As I indicated in my previous request, if possible and pursuant to Conn. Gen. Stat. § 1-212(d), I request that fees be waived, as I believe this request is in the public interest and not made for commercial gain. If fees cannot be waived, please inform me in advance of fulfilling my request of the total charges, and I will be happy to discuss with you the scope of my request in order to minimize costs.

I would prefer to receive the requested documents electronically, by e-mail attachment if available, or CD-ROM if not. Thank you in advance for your anticipated cooperation in this matter.

Sincerely,

Jordan

From: Danbury Department Of Public Works

An interim response, stating the request is being processed.

From: Danbury Department Of Public Works

To whom it may concern-

The City has received your FOI request for City Vehicle Records for the
period January 1, 2021 through October 4, 2022, which was acknowledged by
City Engineer Antonio Iadarola on May 9, 2023. (Copy attached). In his
letter, Mr. Iadarola indicated that your FOI request was not initially sent
to the Public Works Department, which only recently discovered your FOI
request. Mr. Iadarola further stated in his letter that the Public Works
Department will provide a response to you by June 30, 2023.

The City also received your letter dated May 4, 2023 following up on your
FOI request in which you state that you wish to be provided with the
requested records "as soon as possible, and at the latest, within the next
five business days." (Copy attached). However, as indicated above, the
Public Works Department only just received your request, in which you
seek, *inter
alia*, over nine months of vehicle purchases, repair invoices, and repair
logs. Accordingly, the Department will need appropriate time to respond to
you with non-exempt responsive records, *promptly*. Note that
Connecticut's Freedom of Information Commission holds that "[i]t is well
settled that the law does not require “immediate” access to records upon
demand, but rather, permits a person the right to receive a copy of or
inspect public records “promptly.” The Commission has held that the
meaning of the word “promptly” is a particularly fact-based question. In
Advisory Opinion #51, *In the Matter of a Request for Declaratory Ruling,
Third Taxing District of the City of Norwalk, Applicant* (Notice of Final
Decision dated January 11, 1982), the Commission advised that the word
“promptly,” as used in §1-210(a), G.S., means quickly and without undue
delay, taking into consideration all of the factors presented by a
particular request. Moreover, and as a corollary to the foregoing, it is
well settled that the law does not require a public agency to provide a
copy, or to allow inspection of, public records “within four business days”
of the request." *Bradshaw Smith v. Greater Hartford Transit District*,
#FIC 2014-184 (2014). Accordingly, the Public Works Department is
diligently working on your FOI request and will respond to you as soon as
possible.

Thank you for your attention to this matter.

Sincerely,

Dianne Rosemark

--
Dianne Rosemark
Assistant Corporation Counsel
City of Danbury
203-797-4518

The information contained in this message is confidential and privileged
information from the Office of Danbury Corporation Counsel. This
information is intended for the use of the person named and is to be read
only by the person to whom it was addressed. If you are not the intended
recipient, any disclosure, copying, distribution or use of the contents of
this information is prohibited. If you have received this message in error,
please notify the sender immediately.

From: Danbury Department Of Public Works

An interim response, stating the request is being processed.

From: Danbury Department Of Public Works

To Whom It May Concern,

Good Morning - To assure your receipt of correspondence that was mailed to
the address you provided, attached please find copies of two letters (dated
May 9, 2023 and June 22, 2023) regarding your FOI request.

We will satisfy your inquiry as soon as possible.
--
Maureen McCann
Public Works Coordinator
Director of Public Works Office
City of Danbury
(203) 797-4537
*m.mccann@danbury-ct.gov <m.mccann@danbury-ct.gov>*

From: Danbury Department Of Public Works

In accordance with your April 18, 2023 FOIA request for Vehicle Financial
Expenditures information, please find the enclosed cover letter dated July
18, 2023, and supportive documentation.
New Vehicles Purchased 21.22.7z
<https://drive.google.com/file/d/1YxUObwIWnfvU9zJvdYgxFm2mGVwjkwPR/view?usp=drive_web>

Timothy P. Nolan
Superintendent of Public Services
City of Danbury
Office 203 797-4607
Cell 203 948 3709

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