FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Jeffrey T. Kriete,

 

                                Complainant

 

                against                   Docket #FIC 95-223

 

Westbrook Inland Wetlands Commission; Westbrook First

Selectman; Troop F, State of Connecticut, Department of Public

Safety, Division of State Police; and Charter Oak Corporation,

 

                                Respondents                        March 27, 1996

 

                The above-captioned matter was heard as a contested case on January 2nd, 1996, at which time the complainant and the respondents commission, first selectman and department appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The caption of this case was corrected to reflect the title of the respondent first selectman.  Charter Oak Corporation did not appear at the hearing on this matter, however, prior to the hearing it filed an appearance and indicated that this Commission did not have jurisdiction over it and that it is an improperly named respondent.

 

                After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

                1.  The respondents commission, first selectman and department are public agencies within the meaning of 1-18a(a), G.S.  In the absence of any evidence to the contrary, it is concluded that Charter Oak Corporation is not a public agency within the meaning of 1-18a(a), G.S.

 

                2.  By letter of complaint dated July 4, 1995 and filed with the Commission on July 5, 1995, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information ("FOI") Act by forcefully removing him from a meeting of the respondent Commission on June 20, 1995.

 

                3.  It is found that on June 20, 1995 the respondent commission held a site inspection at the site of the factory outlet mall on Flat Rock Road, Westbrook.

 

Docket #FIC 95-223                                             Page 2

 

                4.  It is concluded that the site inspection, described in paragraph 3, above, is a meeting within the meaning of 1-18a(a), G.S., (hereinafter "site inspection meeting")

 

                5.  It is found that prior to the site inspection meeting two police officers, responding to a request made by Charter Oak Corporation, the developers of the mall project, ordered the complainant not to go onto the property where the site inspection meeting was being conducted.

 

                6.  At the hearing on this matter, the respondent Commission conceded that it was wrong to have prohibited the complainant from attending the site inspection meeting on June 20, 1995.

 

                7.  It is concluded that the respondent Commission violated 1-21(a), G.S. when it prohibited the complainant from attending the site inspection meeting held on June 20, 1995.

 

                8.  Section 1-21i(b)(2), G.S., permits the imposition of a civil penalty upon a finding that a denial of any right created under the FOI Act was without reasonable grounds and after the official directly responsible for such denial has been given an opportunity to be heard at a hearing.

 

                9.  It is found that the respondent Commission was aware and advised by counsel prior to the June 20, 1995 site inspection meeting that barring the public from a site inspection would be a violation of the FOI Act.

 

                10.  It is found that the respondent Commission, nonetheless barred the complainant from attending the site inspection meeting on June 20, 1995.

 

                11.  It is found that the respondent Commission's action appears to have been without reasonable grounds.

 

                12.  It is therefore concluded that a further hearing to allow the respondent Commission an opportunity to show cause  why a civil penalty should not be imposed upon it is warranted pursuant to 1-21i(b)(2), G.S.

 

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

 

                1.             The respondent Commission shall attend a hearing for the sole purpose to show cause why a civil penalty should not be imposed upon it for barring the complainant from attending the June 20, 1995 meeting.

 

Docket #FIC 95-223                                             Page 3

 

                2.  The complaint is dismissed as against the respondents first selectman, department and Charter Oak Corporation.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 27, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-223                                             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:

Jeffrey T. Kriete

342 Grove Beach Road

Westbrook, CT 06498

 

Westbrook Inland Wetlands Commisssion; Westbrook First Selectman

c/o Richard J. Beatty, Esq.

25 Boston Street

Guilford, CT 06437

 

Troop F, State of Connecticut, Department of Public Safety, Division of State Police

c/o Michael J. Lanoue, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

Charter Oak Corporation

c/o Susan A. Manchester, Esq.

1000 Elm Street

P.O. Box 3701

Manchester, NH 03105-3701

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission