FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Joseph Pepin,

Complainant

against Docket #FIC 92-187

Jewett City Borough Clerk,

Respondent March 10, 1993

The above-captioned matter was scheduled to be heard as a contested case on January 14, 1993, at which time neither the complainant nor the respondent appeared.

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 with prejudice for failure to prosecute.

2. The complainant's failure to notify the Commission of his intent not to prosecute his complaint is deplorable conduct which wasted scarce state resources. The Commission reprimands the complainant for this inexcusable lack of courtesy.

3. The Commission notes that the Jewett City Borough Clerk appears not to be the proper party against whom a complaint should be brought for the failure of the Board of Burgesses to make minutes available as required by the Freedom of Information Act. Such a complaint should be brought against the Board of Burgesses itself as the agency responsible for keeping and maintaining the minutes of its meetings.

Approved by Order of the Freedom of Information Commission at its regular meeting of March 10, 1993.

Debra L. Rembowski

Acting Clerk of the Commission

Docket #FIC 92-187 Page 2

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:

Joseph Pepin

43 Brown Avenue

Jewett City, CT 06351

Jewett City Borough Clerk

Town Hall

School Street

Jewett City, CT 06351

Debra L. Rembowski

Acting Clerk of the Commission