FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by            FINAL DECISION

 

Ronald J. Klimas,

 

                        Complainant(s)

 

            against              Docket #FIC 89-463

 

Bristol Inland Wetlands Commission,

 

                        Respondent(s)              June 27, 1990

 

            The above-captioned matter was heard as a contested case on April 16, 1990, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The above-captioned matter was consolidated for hearing with docket #FIC89-457, Ronald J. Klimas v. Bristol Inland Wetlands Commission.  However, the matter should not have been docketed as two separate complaints.  Therefore, for purposes of this hearing docket #FIC89-457 and docket #FIC89-463 will be handled as a single complaint, referenced as docket #FIC89-463.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  On or about December 6, 1989 the complainant made an in person request to the respondent commission for the following information:

 

            (a).  copies of the minutes and record of votes of the respondent commission's meetings held on September 18, 1989, November 20, 1989 and November 27, 1989, (hereinafter "three meetings"), and

 

            (b).  any other records or documents pertaining to application #479.

 

            3.  On or about December 6, 1989, the complainant was informed by the respondent that the minutes for the three meetings had not yet been filed.

 

            4.  By letter dated December 7, 1989, the complainant made a written request to the respondent for the information set forth in paragraph 2 above.  The complainant received no response from the respondent prior to the filing of the complaint in this matter.

 

Docket #FIC 89-463                                      Page 2

 

            5.  By letter of complaint dated December 14, 1989, and filed with this Commission on December 15, 1989, the complainant alleged that the respondent failed to file the minutes of its three meetings as required by 1-21(a), G. S.

 

            6.  It is found that the minutes for all three meetings were not delivered to members of the respondent commission until December 15, 1989.  The minutes were not approved by the respondent until the respondent's December 18, 1989 regular meeting, and not provided to the complainant until December 18, 1989.

 

            7.  It is therefore found that the respondent failed to file the minutes for the three meetings within the requisite seven days following each meeting in violation of 1-21(a), G. S.

 

The following order by the Commission is hereby recommended

on the basis of the record concerning the above captioned complaint:

 

            1.  Henceforth the respondents shall strictly comply with the minutes requirements of 1-21(a), G. S.

 

            2.  This Commission notes that in compliance with 1-21(a), G. S., the respondent can file unapproved minutes within the seven days following a meeting, until such minutes are approved by formal action of the respondent.  It may also file abbreviated or less detailed minutes within the seven days following each meeting.  If the respondent adopts either of these recommendations, the Commission urges the respondent to make a notation on the minutes that they are either unapproved or abbreviated, as the case may be.

 

Approved by order of the Freedom of Information Commission at its regular meeting of June 27, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-463                                      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:

RONALD J. KLIMAS

458 Allentown Road

Bristol, CT 06010

 

BRISTOL INLAND WETLANDS COMMISSION

c/o Ann T. Baldwin, Esquire

Bristol Corporation Counsel

111 North Main Street

Bristol, CT 06010

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission