FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Francis P. Kerr,
Complainant
against Docket #FIC 91-366
George Huston, Bristol Zoning Enforcement Officer and Bristol Zoning Commission,
Respondents June 10, 1992
The above-captioned matter was heard as a contested case on May 26, 1992, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, 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 November 25, 1991 and filed November 26, 1991, the complainant appealed to the Commission alleging that the respondents failed to provide him with access to or copies of zoning complaint documents pertaining to his property that were filed with the City of Bristol's Building Department and with the respondent zoning enforcement officer.
3. It is found that the complainant made two requests for records from the respondents on July 17 and August 23, 1991.
4. The complainant maintains that the respondents failed to provide access to the requested records.
5. Section 1-21i, G.S., provides that any person who has been denied any right conferred by the Freedom of Information Act may appeal to the Commission and requires that the "notice of appeal shall be filed within thirty days after such denial."
6. It is found that there was no denial of any right conferred by the Freedom of Information Act within the thirty day mandate of 1-21i, G.S., since the complainant's last stated attempt to obtain records from the respondents was in August of 1991.
7. It is therefore concluded that the Commission lacks jurisdiction over this complaint.
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 June 10, 1992.
Karen J.Haggett
Clerk of the Commission
Docket #FIC 91-366 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:
Francis P. Kerr
24 Marine Court
Forestville, CT 06010
Richard E. Lacey, Esq.
Corporation Counsel
111 North Main Street
Bristol, CT 06010
Karen J.Haggett
Clerk of the Commission