OSWPCA: Sunshine / CRAHD to 08Oct16 FOIA for the law under which it proposes to punish non-respondents

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[Letterhead]
CONNECTICUT RIVER AREA HEALTH DISTRICT
455 Boston Post Rd. Suite 7 Old Saybrook, CT 06475
Phone 860-661-3300   Fax 860-661-3333
Serving Old Saybrook, Clinton, Deep River

October 13, 2016

Joel R. Anderson
13 George Drive
Old Saybrook, CT 06475

Re: October 8, 2016 Letter

Dear Mr. Anderson:

We are in receipt of your October 8, 2016 letter, which we received on October 11, 2016, requesting "one copy of the law (a legal citation) under which you acted to send your 28Jul16 letter (on Old Saybrook WPCA letterhead) to Elizabeth Steffen, 16 Crowley Drive, threatening to record your "Upgrade Order" against Steffen's property in Old Saybrook's land records."

This is not a request for "public records" as defined in the Connecticut Freedom of Information Act, and we are not obligated to create a document in response to your request for information. See Jolley v. Bragdon, 2008 WL 2039066 at *4 (Conn. Super. April 22, 2008) (Stengel, J.(internal quotation marks omitted) ("The FOIA does not require the agency to create documents. The United States Supreme Court has stated in interpreting the federal FOIA that [t]he Act does not obligate agencies to create ... documents; it only obligates them to provide access to those which it in fact has created and retained even though the agency's failure to [create a document] deprives the public of information which might have otherwise been available to it.").

Sincerely,
(signed)
Jim Monopoli
Director of Health

CC: Stephen Mongillo, OSWPCA Program Manager

JM/mydocs/FOIAinfoandrequests/FOIAresponseAnderson10-13-16