FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
William J. Jestreby,
Complainant,
against Docket #FIC 90-94
Town of Lebanon and Lebanon Fire Marshal,
Respondents September 12, 1990
The above-captioned matter was heard as a contested case on June 19, 1990, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.
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 dated March 12, 1990, the complainant appealed to the Commission, alleging the respondents denied him access to town burning permit applications and burning permits.
3. It is found that in Lebanon a burning permit is the same document as the burning permit application, with some indications of approval added at the bottom of the page.
4. It is found that these records are public records as defined by 1-18a(d), G.S.
5. It is found that in Lebanon the respondent fire marshal is the custodian of completed burning permit applications and burning permits.
6. It is found that the respondent fire marshal's office is in the town fire safety complex.
7. It is found that on Saturday, March 5, 1990, shortly after 9:00 a.m., the complainant went to the town fire safety complex to inspect the applications and permits and saw no sign of anyone being there.
8. It is found that the complainant then went to the town hall and asked the town clerk to see the applications and permits.
Docket #FIC 90-94 Page Two
9. It is found that the town clerk informed the complainant that she did not have those records and that they were kept by the respondent fire marshal.
10. It is found that the respondent fire marshal holds a part-time position with the town, has no staff, and has office hours only from 6:30 to 8:30 p.m. on Monday evenings.
11. It is found that at all other times the respondent fire marshal is on call, reachable by pager for the fire dispatcher and by telephone or answering machine for members of the public.
12. It is found that when the respondent fire marshal receives a telephone call or message from a member of the public seeking records, he contacts that person quickly to arrange a time to meet at his office.
13. It is found that the respondent fire marshal's office hours are not posted on his office door.
14. It is found that no indication of how the public may reach the respondent fire marshal at other times is posted on his office door.
15. It is concluded that, although the respondent fire marshal tries to make his records accessible to the public, those members of the public who are not familiar with his procedure and to whom he has not communicated about it actually have very limited access.
16. It is concluded that the respondent fire marshal violated 1-15 and 1-19(a), G.S., by failing to provide the complainant with prompt access to the town burning permits and permit applications.
The following order of the Commission is hereby recommended based on the complete record in the above-captioned complaint:
1. The respondent forthwith shall cause to be affixed to his exterior door a permanent, legible sign indicating: his telephone number, his office hours, the fact that members of the public should call him to obtain records at other times, and the fact that members of the public who do not reach him directly by telephone should leave a message on his answering machine, from which they may expect a prompt response.
Approved by order of the Freedom of Information Commission at its regular meeting of September 12, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-94 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:
WILLIAM J. JESTREBY
RFD #2 Iick Hill Road
Lebanon, CT 06249
TOWN OF LEBANON AND LEBANON FIRE MARSHAL
c/o Juri E. Taalman, Esq.
Taalman & Phillips
Suite 215
12 Case Street
Norwichtown, CT 06360
Tina C. Frappier
Acting Clerk of the Commission