FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Phyllis A. Guerrier,

 

                        Complainant

 

            against              Docket #FIC 90-469

 

Thompson Planning and Zoning Commission,

 

                        Respondent                  July 24, 1991

 

            The above-captioned matter was consolidated with #FIC 90-472 Phyllis Guerrier v. Thompson, Planning and Zoning Commission because of the similarity of their subject matter.  Both cases were heard as contested cases on March 21, 1991, 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 of complaint dated November 28, 1990, and received by this Commission November 30, 1990, the complainant alleged that she had been denied access to records of the respondent in violation of 1-19(a), G.S.

 

            3.         The respondent claimed that because it had only a part-time staff it could not comply easily with the complainant's request.

 

            4.         It is found that on November 26, 1990 the complainant called the zoning enforcement officer to schedule a review of records relative to special permits issued to Van Thomas, dba Thomas Realty, Inc. and Kevin Beno, dba American Storage.  She asked that she be permitted to inspect the permits on November 28, 1990 at 11:00 a.m.

 

            5.         It is found that on November 28, 1990 the complainant called the same office and was told that she could not review the records until she cleared the request with the respondent's  chairman.

 

Docket #FIC 90-469                           Page two

 

            6.         It is found that the complainant went to the place of business of the respondent's chairman, the Thomas Garden Center, and requested that he call Ms. Darling, who works for the respondent planning and zoning commission, at the Town Hall to authorize review by the complainant of the permits.

 

            7.         It is found that the respondent chairman refused to do so, stating that the complainant needed to write a letter asking for the information she desired.

 

            8.         It is found that the complainant then asked the respondent chairman to call town hall to authorize her to inspect the permits, but he refused.

 

            9.         It is found that 1-19(a), G.S., provides that every person shall have the right to inspect the records of a public agency promptly during regular office or business hours.

 

            10.       It is concluded that the respondent did not permit the complainant to inspect the records she was seeking promptly during any regular office or business hours.

 

            11.       It is concluded further that the respondent chairman violated 1-19(a), G.S., by requiring the complainant to put her request to inspect records in writing.

 

            12.       It is further found that 1-19(a), G.S., provides that

 

            each such agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located. . . .

 

            13.       It is found that the respondent agency does not have regular office hours in which the public may have access to its records.

 

            14.       It is therefore concluded that the respondent agency has failed to comply with the requirements of 1-19(a), G.S., by failing to keep its records in its regular office in an accessible place during regular business hours or in the office of the town clerk as required by 1-19(a), G.S.

 

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

 

Docket #FIC 90-469                           Page three

 

            1.         Henceforth the respondent shall comply with 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 24, 1991.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 90-469                           Page four

 

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:

Phyllis Guerrier

RFD #3, Box 213

Southbridge, MA 01550

 

Thompson Planning and Zoning Commission

c/o William H. St. Onge, Esq.

Boland, St. Onge & Brouillard

211 Kennedy Drive

P.O. Box 550

Putnam, CT 06260

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission