FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Nancy E. Jestreby,
Complainant,
against Docket #FIC 90-63
Lebanon Inland Wetlands Commission,
Respondent September 26, 1990
The above-captioned matter was heard as a contested case on July 30, 1990, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter dated February 20, 1990, the complainant appealed to the Commission, alleging the respondent denied her husband and herself access to its permit applications and signed permits.
3. It is found that the respondent has no office or regular place of business.
4. It is found that on February 13, 1990, the complainant's husband requested in person that the Lebanon town clerk provide him with access to a file of the respondent's relating to a particular development in the town.
5. It is found that the town clerk informed the complainant's husband that the respondent's records were stored in its secretary's home.
6. It is found that the complainant telephoned the respondent's secretary's home several times and no one answered.
7. It is found that all the records in question are public records as defined by 1-18a(d), G.S.
Docket #FIC 90-63 Page Two
8. It is concluded that the respondent violated 1-19(a), G.S., by failing to keep and maintain the public records in its custody in the town clerk's office.
9. It is concluded that the respondent further violated 1-19(a), G.S., by failing to provide the complainant with prompt access to its records during regular business hours.
10. It is found that the respondent has now made arrangements to maintain its records in the town clerk's office and that, with the town clerk's assistance, the public is now able to have access to those records promptly upon request.
The following order of the Commission is hereby recommended based on the complete record in the above-captioned complaint:
1. The respondent henceforth shall act in strict compliance with 1-19(a), G.S., maintaining all the public records in its custody in the town clerk's office and ensuring that the public has prompt access to its records during regular business hours.
2. The respondent shall post a copy of the final decision in this case in a conspicuous place in the Lebanon town hall for 30 days after receiving it.
3. The respondent shall cause to be read aloud the final decision in this case at its first regular meeting held after it receives the final decision and attach a copy of the decision to the minutes of that meeting.
Approved by order of the Freedom of Information Commission at its regular meeting of September 26, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-63 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:
NANCY E. JESTREBY
Kick Hill Road
Lebanon, CT 06249
LEBANON INLAND WETLANDS COMMISSION
c/o Theordore N. Phillips, II, Esq.
Taalman & Phillips
Suite 215
12 Case Street
Norwich, CT 06360
Tina C. Frappier
Acting Clerk of the Commission