FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
David Collins and The Day,
Complainants
against Docket
#FIC 94-377
Mayor of Montville and
Montville Town Planner,
Respondents July 26, 1995
The above-captioned matter was heard as a contested
case on May 24, 1995, at which time the complainants appeared and presented
testimony and argument on the complaint.
The respondents failed to appear.
The Commission's record indicates that notice of this hearing was
received by the respondents on May 10, 1995.
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. It is
found that on October 21, 1994 the complainants requested from the respondents
access to a copy of certain plans/proposals for highway access roads, which
were made available to the respondents by the Mohegan Indians in connection
with the tribe's proposed casino in the town of Montville ("requested
records").
3. It is
found that the respondents denied the request on October 21, 1994.
4. Having
failed to receive access to the requested records, the complainants appealed to
the Commission by letter dated October 21, 1994 and filed with the Commission
on October 24, 1994.
5. It is
found that the respondents had four plans/proposals which were responsive to
the complainants' records request.
6. It is
concluded that the requested records are public records within the meaning of
1-18a(d) and 1-19(a), G.S.
7. It is
found that the respondent Town Planner provided the complainants with access to
the requested records on November 15, 1994.
Docket #FIC 94-377 Page
2
8. Section
1-19(a), G.S., requires a public agency to provide prompt access to
inspect or copy public records during regular office or business hours.
9. It is
concluded that the provision of access to the requested records more than three
weeks after the request was made was not prompt within the meaning of
1-19(a), G.S.
10. It is
concluded that the respondents violated 1-19(a), G.S., when they failed to
promptly provide the complainants with access to a copy of the requested
records.
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 requirements
of 1-19(a), G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of July 26, 1995.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 94-377 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:
David Collins and The Day
c/o Ms. Virginia Groark
The Day
P.O. Box 1231
New London, CT -6320-1231
Mayor of Montville
Montville Town Planner
310 Norwich-New London Road
Uncasville, CT 06382
Elizabeth A. Leifert
Acting Clerk of the Commission