FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Mary Zawacki,

 

                                Complainant

 

                against                   Docket #FIC 95-305

 

Deep River Conservation & Inland Wetlands Commission,

 

                                Respondent                          March 27, 1996

 

                The above-captioned matter was heard as a contested case on February 22, 1996, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

 

                2.  By letter of complaint dated August 30, 1995 and filed with the Commission on September 5, 1995, the complainant appealed alleging that the respondent violated the Freedom of Information ("FOI") Act by failing on August 30, 1995 to provide her with access to a copy of the minutes of the August 10, 1995 regular meeting.

 

                3.  It is found that the respondent held a regular meeting on August 10, 1995.

 

                4.  It is found that on August 30, 1995 the complainant visited the town clerk's office and requested a copy of the minutes of the respondent's August 10, 1995 meeting, described in paragraph 3, above.

 

                5.  It is found that the respondent files its minutes with the town clerk's office.

 

                6.  It is found that the minutes of the August 10, 1995 meeting, described in paragraph 3, above, were filed by the respondent with the town clerk on September 6, 1995.

 

                7.  Section 1-21(a), G.S., requires that minutes be made available for public inspection within seven days of the session to which they refer.

 

Docket #FIC 95-305                                        Page 2

 

                8.  At the hearing on this matter the respondent conceded that the minutes of the August 10, 1995 regular meeting were filed late.

 

                9.  It is therefore concluded that the respondent violated 1-21(a), G.S., when it failed to have available on August 30, 1995 for public inspection the minutes of the August 10, 1995 regular meeting.

 

                10.  It is found that the violation described in paragraph 9, above, occurred due to certain extenuating circumstances being experienced by the respondent including the death of the recording secretary's father, and further that the respondent's minutes are generally filed within seven days of its meetings.

 

                11.  It is therefore found that there was no bad faith intended on the part of the respondent by its failure to file the minutes within seven days of the August 10, 1995 regular meeting.

 

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

 

                1.  Henceforth, the respondent shall sttictly comply with the requirements of 1-21(a), G.S..

 

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 95-305                                             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:

Mary Zawacki

40 Stevenstown Road

Deep River, CT 06417

 

Deep River Conservation & Inland Wetlands Commission

174 Main Street

Deep River, CT 06417

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission