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 89-392
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 89-341 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 October 23, 1989, the complainant alleged the respondent board had not filed minutes of its September 21, 1989, regular meeting with the municipal clerk within the required time period because those minutes that were filed on September 26, 1989, did not have certain referenced appendices attached. 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 September 21, 1989, that were filed with the municipal clerk on September 26, 1989, did not have certain referenced appendices attached.
4. It is found that the municipal clerk received a second set of minutes for the respondent board's September 21, 1989, meeting on October 17, 1989.
5. It is found that this second set of minutes included different appendices than those attached to the minutes received by the municipal clerk on September 26, 1989.
Docket #FIC 89-392 Page Two
6. It is found, therefore, that the respondent board filed incomplete minutes on both September 26, 1989, and October 17, 1989.
7. It is concluded that the respondent board violated 1-21(a), G.S., by failing to file complete minutes within seven days of its September 21, 1989, meeting.
8. The respondents claim that no civil penalty should be imposed since the respondent board's new clerk, who remained in that position for less than a month, thought the minutes had to be filed within thirty days of the meeting.
9. While a clerk's inexperience does not excuse the respondent board from statutory requirements, it is found that the board did make at least some effort to file minutes with the municipal clerk within seven days of the meeting in question.
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 complete minutes with the municipal clerk within seven days of all its regular and special meetings.
2. The Commission declines to impose a civil penalty upon the respondents.
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 89-392 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