FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Trenton E. Wright, Jr.,

 

                        Complainant

 

            against              Docket #FIC 90-185

 

First Selectman, Town of Windham,

 

                        Respondent                  November 14, 1990

 

            The above-captioned matter was heard as a contested case on August 30, 1990, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This matter was consolidated for hearing with contested case Docket #'s FIC 90-266, FIC 90-287 and FIC 90-288.

 

            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 filed with this Commission on May 17, 1990, the complainant alleged that on May 1, 1990, he requested to be provided with notice of meetings of the Windham Board of Selectmen in accordance with 1-21c, G.S., which request was not complied with.

 

            3.  It is found that by letter dated March 29, 1990, the complainant requested the respondent to provide him with notice by mail of each regular and special meeting of the Windham Board of Selectmen.

 

            4.  It is also found that by letter dated April 2, 1990, the respondent notified the complainant that he would comply with the request as soon as the complainant arranged a payment plan with the respondent's office.

 

            5.  It is found that on May 1, the complainant finally re-contacted the respondent by letter to indicate he would pay by personal check and that he awaited the establishment of a reasonable fee.

 

            6.  At the hearing into this matter, the complainant argued that the elapsed time from his initial request to the arrangement of a payment plan, as well as the number of pre-conditions to his receipt of notice, caused the complainant to miss at least three meetings of the board of selectmen.

 

Docket #FIC 90-185                           Page 2

 

            7.  It is concluded that the complainant's one-month delay in responding to the respondent's April 2 letter contributed significantly to the elapsed time in this case.

 

            8.  The Commission notes that pursuant to 1-21c, G.S., the respondent may establish a reasonable charge for sending such notice, which charge does not constitute an unreasonable precondition on the complainant's right to receive written notice.

 

            9.  It is concluded that there is no cause to grant relief to the complainant under the facts of this case.

 

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

 

            1.  The complaint is hereby dismissed.

 

Approved by order of the Freedom of Information Commission at its regular meeting of November 14, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-185                           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:

TRENTON E. WRIGHT, JR.

232 Mansfield Avenue

Willimantic, CT 06226

 

FIRST SELECTMAN, TOWN OF WINDHAM

979 Main Street

P.O. Box 94

Willimantic, CT 06226

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission