FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Ira M. Leonard,
Complainant,
against Docket #FIC 89-341
Robert Cannon, Carl J. Lupoli, Armand Brandi, Domenic Santilli, Lawrence Fazzone and Town of Hamden Zoning Board of Appeals,
Respondents May 9, 1990
The above-captioned matter was heard as a contested case on April 3, 1990, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This case was consolidate for hearing with Docket ##'s FIC 89-392 and FIC 89-411.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter filed with the Commission on September 11, 1989, the complainant alleged the respondent board had not filed minutes of its July 6, 1989, regular meeting with the municipal clerk within the required time period. The complainant requested a civil penalty be imposed upon the respondents.
3. At the hearing on this matter, the respondents admitted that the minutes of the respondent board's July 6, 1989, meeting had not been filed with the municipal clerk within the required time period.
4. It is concluded that the respondent board violated 1-21(a), G.S., by failing to file minutes within seven days of its July 6, 1989, meeting.
5. The respondents claim that no civil penalty should be imposed because the delay was caused by the death of the respondent board's clerk and because the board has now hired a new clerk and instituted new procedures to insure the timely filing of its minutes.
6. It is found that the minutes in question were not even on file with the municipal clerk three months after the meeting.
Docket #FIC 89-341 Page Two
7. It is found that the meeting was tape recorded, allowing even someone who did not attend the meeting to create minutes easily.
8. It is further found that the individually named respondents are members of the respondent board.
9. The Commission also notes that the continuing failure of a zoning board of appeals to have minutes on file and publicly accessible may make it difficult to exercise the right to appeal the decisions of that board to the Superior Court.
The following order by the Commission is hereby recommended on the basis of the complete record in the above-captioned complaint:
1. The respondents henceforth shall act in strict compliance with 1-21(a), G.S., by filing minutes with the municipal clerk within seven days of all its regular and special meetings.
2. The Commission hereby imposes a civil penalty of $25 upon the respondents, jointly and severally.
Approved by order of the Freedom of Information Commission at its regular meeting of May 9, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 89-341 Page Three
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:
IRA M. LEONARD
17 Melrose Avenue
Hamden, CT 06518
ROBERT CANNON, CARL J. LUPOLI, ARMAND BRANDI, DOMENIC SANTILLI, LAWRENCE FAZZONE AND TOWN OF HAMDEN ZONING BOARD OF APPEALS
c/o Francis E. Lamboley, Esquire
2827 Old Dixwell Avenue
Hamden, CT 06518
Tina C. Frappier
Acting Clerk of the Commission