FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Paula Gordon Fee,

Complainant

against Docket #FIC 87-329

Stonington Town Planner and Stonington Planning and Zoning Commission,

Respondents Febraury 24, 1988

The above-captioned matter was heard as a contested case on December 18, 1987, 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:

1. The respondents are public agencies within the meaning of §1-18a(a), G.S.

2. By letter dated November 11, 1987 the complainant made a request of the respondent town planner to inspect the respondent planning and zoning commission's minutes for the months of May, 1987 through November, 1987.

3. By letter filed with the Commission on November 10, 1987, the complainant appealed to the Commission, alleging that the most recent minutes of the respondent planning and zoning commission on file for review were dated November 18, 1986.

4. The complainant requested that the Commission take administrative notice of its final decisions in FIC #87-297, FIC #86-81, FIC #85-116 and advisory opinion #4.

5. It is found that the respondent planning and zoning commission maintains a "draft minutes book" in its office. This book contains copies of the hand-written notes taken by the respondent town planner for each respective meeting.

Docket #FIC 87-329 Page 2

6. It is also found, however, that the hand-written notes referred to at paragraph 5, above, are illegible.

7. It is found that as of November 2, 1987, the most recent copy of the respondent planning and zoning commission's approved minutes was dated November 18, 1986.

8. It is found that the respondent planning and zoning commission's failure to file a copy of its minutes for the months of May, 1987 through November, 1987 violated §1-19(a), G.S., which provides that every public agency shall make, keep and maintain a record of the proceedings of its meetings, and §1-21(a), G.S., which requires that minutes of meetings be made available to the public within seven days, excluding weekends and holidays.

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

1. The respondent planning and zoning commission shall henceforth act in strict compliance with the requirements of §§1-19(a) and 1-21(a), G.S., concerning the creation and timely filing of minutes.

Approved by order of the Freedom of Information Commission at its regular meeting of February 24, 1988.

Catherine H. Lynch

Acting Clerk of the Commission