FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Andrew Emery Garson,
Complainant
against Docket
#FIC 87-168
Newtown Conservation
Commission,
Respondent January
27, 1988
The above-captioned matter was scheduled as a contested
case on July 16, 1987, whereupon it was continued to August 13, 1987, and then
to September 17, 1987, at which times the complainant and the respondent
appeared and presented testimony, exhibits and argument on the complaint. Newtown Associates appeared at the hearings
and moved to be designated a party. On
August 13, 1987, it withdrew its motion.
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 complaint
filed with the Commission June 12, 1987, the complainant alleged that, despite
his request for notice pursuant to §1-21c, G.S. on April 8, 1987, the
respondent failed to provide him with notice of the May 27, 1987, meeting at
which it approved application #87-18.
3. It is found
that on April 8, 1987, the complainant requested, pursuant to §1-21c, G.S.,
written notice of any regular meeting, special meeting and any adjournment,
continuance or recontinuance of any such meeting related to application #87-18,
submitted by Newtown Associates.
4. The respondent
claimed it had provided the complainant with the schedule of regular meetings
and that §1-21c, G.S., did not require
it to provide specific notice of the regular meeting at which it approved
application #87-18.
5. Section 1-21c,
G.S., provides in relevant part that "a public agency shall, where
practicable, give notice by mail of each regular meeting, . . . at least one
week prior to the date set for the meeting, to any person who has filed a
written request for such notice with such body."
Docket #FIC 87-168 page
2
6. It is found
that the respondent's agenda for each regular meeting is posted twenty-four
hours prior to its meeting and that the agenda is not completed in time for it
to be received by mail so as to provide the complainant with the specific
notice he requested.
7. It is found
that the complainant was given a copy of the schedule of regular meetings of
the respondent on or about April 1, 1987.
8. It is found
that prior to the complainant's request on April 8, 1987, pursuant to §1-21c,
G.S., the respondent's procedures including its practice of continuing items on
the agenda until final disposition were explained to the complainant by the
clerk of the respondent.
9. It is found
that the clerk called the complainant after his April 8, 1987 request, and told
him that it would not be practical to provide him with the agenda of the
regular meeting of the respondent in advance of that meeting.
10. It is found
that the clerk urged the respondent to
call her to find out whether application #87-18 was on the agenda for
the regular meeting.
11. It is found
that the clerk did not provide the complainant with a copy of the schedule of
regular meetings after his April 8, 1987 request because she assumed that he
had retained the schedule which she had provided to him prior to his request.
12. It is found
that the clerk violated §1-21c, G.S. when she failed to provide him with the
list of regular meetings of the respondent after his April 8, 1987, request.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. The respondent
shall henceforth comply with the requirements of §1-21c, G.S.
2. The Commission
notes that the violation found herein is a technical one. It recognizes that the clerk of the
respondent Commission acted in good faith and made a substantial effort to
satisfy the complainant's request for notice.
Approved by order of the Freedom of Information
Commission at its regular meeting of January 27, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission