FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Gary J. Shettle,

 

                        Complainant

 

            against              Docket #FIC 91-380

 

Chairman, Old Lyme Zoning Board of Appeals and Old Lyme Zoning Board of Appeals,

 

                        Respondents                 September 23, 1992

 

            The above-captioned matter was heard as a contested case on June 15, 1992, 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 letters of request dated October 30 and November 15, 1991, the complainant requested copies of the following records pertaining to Appeal #91-61, the:

 

            (1)  minutes and the records of votes for the respondents' October 15 and 29, 1991 meetings,

 

            (2)  calculations done by George Caulkin in support of his statement to the respondents at the October 29th meeting, and

 

            (3)  any tapes relating to #91-61 made at the October meetings.

 

            3.  By letter of complaint filed with the Commission on December 10, 1991, the complainant alleged that the respondents failed to respond to, or comply with his record requests.

 

            4.  The requested records are public records within the meaning of 1-15(a) and 1-18a(d), G.S.

 

            5.  It is found that at its October 15th regular meeting the respondents held a public hearing at which Appeal #91-61 was discussed.

 

Docket #FIC 91-380                                       Page 2

 

            6.  It is found that on October 29th the respondents held a special meeting at which a vote was taken regarding Appeal #91-61.

 

            7.  It is found that the complainant's letters of request were forwarded to the respondents' counsel.

 

            8.  It is found that the complainant never received a reply from respondents' counsel.

 

            9.  It is found that there are no minutes for the public hearing portion of the October 15th regular meeting, although minutes for the regular meeting do exist.

 

            10.  It is found that there is no existing record of any calculations done by George Caulkin regarding Appeal #91-61.

 

            11.  At the hearing on this matter the respondents presented the complainant with copies of the minutes and record of votes for the October 29th meeting, and cassette tapes of both the October 15th public hearing and October 29th voting session.

 

            12.  The respondents acknowledge their failure to promptly comply with the complainant's requests in accordance with the provisions of 1-15(a), G.S.

 

            13.  By failing to respond to or comply with the complainant's records requests the respondents violated the spirit and the letter of the open records provisions of Connecticut's Freedom of Information Act.

 

            14.  Specifically, it is concluded that the respondents violated the provisions of 1-15, G.S.

 

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

 

            1.  Henceforth the respondents shall strictly comply with the open records provisions of 1-15, G.S.

 

            2.  The Commission admonishes the respondents for their lack of care in the handling of this matter.

 

Docket #FIC 91-380                                       Page 3

 

            3.  The Commission reminds the respondents of its discretionary authority to impose a civil penalty against the custodian or official directly responsible for the unreasonable denial of the public's right to inspect or receive copies of public records.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 23, 1992.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 91-380                                       Page 4

 

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:

Gary J. Shettle

2 Katherine Road

P.O. Box 923

Old Lyme, CT 06371

 

Chairman, Old Lyme Zoning Board of Appeals

Old Lyme Zoning Board of Appeals

c/o Attorney Marylin C. Clarke

P.O. Box 334

Old Lyme, CT 06371

 

                                                                  

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission