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 95-380

 

Westbrook Inland Wetlands/Watercourses Commission,

 

                                Respondent                          June 12, 1996

 

                The above-captioned matter was heard as a contested case on April 3, 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 filed with this Commission on October 25, 1995, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act at its special meeting of October 15, 1995 by asking all those present, including members of the public present to observe the meeting, to identify themselves.

 

                3.  It is found that on October 15, 1995, the respondent conducted a special meeting in the form of a field trip.

 

                4.  It is also found that at the outset of the meeting at issue, the respondent asked for the names of all persons present including the complainant.

 

                5.  It is also found that the complainant did not seek to speak, vote, or otherwise actively participate at the meeting at issue, but appeared solely for the purpose of observing the meeting.

 

                6.  It is accordingly concluded that the respondent technically violated the provisions of 1-21(a), G.S., under the facts of this case.

 

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

 

Docket #FIC 95-380                                             Page 2

 

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

 

                2.  The Commission reminds the respondent that violation of the FOI Act, as herein found, without reasonable grounds, can lead to imposition of civil penalties.  The Commission also wishes to note that although not part of the complaint in this matter, the Commission acknowledges the attempts of the respondent's clerk and chairman to carry out their responsibilities with respect to the maintenance of minutes in a thorough manner.  To this end the Commission suggests that after the respondent's minutes have been approved, that it remove the word "unapproved" from the heading of the minutes so that confusion as to what in fact constitutes the respondent's approved minutes can be avoided.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 12, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-380                                             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:

Jeffrey T. Kriete

Grove Beach Road

Westbrook, CT 06498

 

Westbrook Inland Wetlands/Watercourses Commission

c/o Richard J. Beatty, Esq.

25 Boston Street

Guilford, CT 06437

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission