FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Nancy Alderman,
Complainant
against Docket #FIC 89-190
Hamden Conservation Commission,
Respondent December 13, 1989
The above-captioned matter was scheduled for hearing as a contested case on October 19, 1989. Prior to the date of the hearing the parties resolved the matter by stipulation and agreement.
The facts which the complainant and the respondent stipulated to were made part of the record when the hearing was convened on October 19, 1989 by the Hearing Officer.
The record reflects that the following facts were found and conclusions of law were reached:
1. It is found that the respondent is a public agency within the meaning of 1-18a(a), G.S.
2. It is found that on the afternoon of June 1, 1989, the complainant sought access to the respondent's file relating to pending inland wetland permit application #89-465, (hereinafter the "file").
3. It is found that the requested file is a public record within the meaning of 1-18a(d), G.S.
4. It is found that the office of the respondent was not open at the time that the complainant went there.
5. It is found that the complainant then went to the office of the Town Clerk and requested access to the file. However, the Town Clerk did not have either the file or the keys to the respondent's office.
6. It is found that on the afternoon of June 1, 1989, there was no notice posted which identified the office of the respondent, stated the regular business hours of the respondent, or advised members of the public that access to records maintained by the respondent could be obtained through the office of the Hamden Town Clerk, as required by 1-19(a), G.S.
Docket #FIC 89-190 Page 2
The following order by the Commission is hereby recommended
in accordance with the terms of the stipulation agreement entered into by the parties in the above-captioned complaint:
1. The respondent shall henceforth keep and maintain all public records in its custody in identified files and provide the public prompt access to those files upon request.
2. The respondent shall henceforth at all times maintain a notice identifying its office and stating its regular business hours. The aforementioned notice shall be posted on the door of the respondent's office and at the office of the Hamden Town Clerk. The posted notice must also inform the public that upon request, access to the respondent's records may be obtained from the respondent during its business hours, or from the Hamden Town Clerk.
Approved by order of the Freedom of Information Commission at its regular meeting of December 13, 1989.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 89-190 Page 3
PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
NANCY ALDERMAN
c/o Frank Cochran, Esquire
Cooper, Whitney, Cochran & Francois
51 Elm Street
P.O. Box 1898
New Haven, CT 06508
HAMDEN CONSERVATION COMMISSION
c/o Steven R. Rolnick, Esquire
Assistant Town Attorney
2372 Whitney Avenue
Hamden, CT 06518
INTERVENOR
HAMDEN MALL ASSOCIATES
c/o Bernard A. Pellegrino, Esquire
The Pellegrino Law Firm
475 Whitney Avenue
P.O. Box 1835
New Haven, CT 06508
Tina C. Frappier
Acting Clerk of the Commission