FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Walter J. Kwiat,

Complainant

against Docket #FIC 87-174

Inland Wetlands Commission of the Town of East Hartford,

Respondent October 28, 1987

The above-captioned matter was heard as a contested case on August 11, 1987, at which time the complainant and the 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:

1. The respondent is a public agency within the meaning of §1-18a(a), G.S.

2. By letter of complaint filed with the Commission on June 19, 1987 the complainant alleged that the respondent failed to file minutes of its April 28, 1987 meeting within 7 days, as required by §1-21, G.S.

3. The complainant requested the April 28, 1987 meeting be declared null and void.

4. At the hearing, the respondent moved to dismiss the complaint, claiming that the complaint was not filed with the Commission within 30 days as mandated by §1-21i(b), G.S.

5. It is found that the failure of a public agency to file minutes of its meetings constitutes a continuing violation of §1-21, G.S. The motion was denied.

6. Also at the hearing, the respondent moved to dismiss the complaint, claiming that the complainant failed to comply with §§1-21j-42(a) and (b) and 1-21j-42(4) of the Regulations of Connecticut State Agencies. The motion was denied.

Docket #FIC 87-174 Page 2

7. At the hearing, the respondent conceded that it failed to file minutes of its April 28, 1987 meeting within 7 days of the meeting, in violation of §1-21, G.S.

8. It is found that the minutes of the respondent's April 28, 1987 meeting were not placed on file and made available for public inspection until June 2, 1987.

9. It is concluded that the respondent violated §1-21, G.S., when it failed to timely file and make available the minutes of its April 28, 1987 meeting, as required by §1-21, G.S.

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

1. Henceforth the respondent shall act in strict compliance with the requirements of §1-21, G.S.

2. The Commission declines to declare null and void any actions taken at the April 28, 1987 meeting of the respondent.

Approved by order of the Freedom of Information Commission at its regular meeting of October 28, 1987.

Catherine H. Lynch

Acting Clerk of the Commission