FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Raymond K. Mullaly,

Complainant

against Docket #FIC 90-7

Lebanon Planning and Zoning Commission,

Respondent July 9, 1990

The above-captioned matter was heard as a contested case on April 23, 1990, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing with Docket #FIC 89-477.

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. By letter of complaint dated December 31, 1989 and filed with the Commission on January 8, 1990, the complainant appealed to the Commission, alleging that the respondent's policy of recording the votes of its members as "unanimous" violated 1-21(a), G.S.

3. It is found that the respondent records the votes of its members in its minutes as "unanimous" when there are no members abstaining or voting in opposition.

4. It is also found that the respondent reflects in the minutes of its meetings those members present, and those alternate members designated to act for absent members.

5. It is concluded that the respondent's record of the votes of its members as described in paragraphs 3 and 4, above, satisfies the requirements of 1-21(a), G.S., regarding the recording of the votes of each agency member in the minutes of the session at which taken.

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

Docket #FIC 90-7 Page 2

1. The complaint is hereby dismissed.

Approved by order of the Freedom of Information Commission at its special meeting of July 9, 1990.

Tina C. Frappier

Acting Clerk of the Commission

Docket #FIC 90-7 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:

RAYMOND K. MULLALY

RFD #3, Box #64

West Town Street

Lebanon, CT 06249

LEBANON PLANNING AND ZONING COMMISSION

c/o Robert J. Cary, Jr., Esq.

Waller, Smith & Palmer, P.C.

52 Eugene O'Neill Drive

P.O. Box 88

New London, CT 06320

Tina C. Frappier

Acting Clerk of the Commission