FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Philip Dombrowski,

Complainant,

against Docket #FIC 1996-046

Planning and Zoning Commission, Town of

Glastonbury and Town Planner and Director

of Community Development, Town of

Glastonbury,

Respondents, August 14, 1996

The above-captioned matter was heard as a contested case on June 13, 1996, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of §1-18a(a), G.S.

2. By letter of complaint, filed with the Commission on February 13, 1996, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to give him notice of the meeting at which the respondent commission approved an application for the construction of a golf practice facility.

3. It is found that the respondent held a public hearing on February 6, 1996 and at that time approved an application for the construction of a golf practice facility (hereinafter “the meeting”).

4. It is found that the respondents published newspaper notice of the meeting in the Glastonbury Citizen on January 25 and February 1, 1996.

5. It is also found that the agenda for the meeting, was filed with the town clerk’s office.

6. The complainant contends that the respondents failed to notify him of the meeting when he had been told by the respondents that he would be so notified by mail.

7. Section 1-21(a), G.S., requires that public agencies provide at least twenty-four hours notice to the public of regular and special meetings by filing an agenda of a regular meeting in the agency’s regular office or place of business, and by filing a notice of a special meeting in the town clerk’s office.

8. In addition, §1-21c, G.S., provides in relevant part that:

The public agency shall, where practicable, give notice by mail of each regular meeting, and of any special meeting which is called, at least one week prior to the date set for the meeting, to any person who has filed a written request for such notice with such body, except that such body may give such notice as it deems practical of special meetings called less than seven days prior to the date set for the meeting. [Emphasis added.]

9. It is found that the complainant did not file a written request with the respondents for notice of the meeting.

10. It is concluded that the respondents did not have an obligation under §§1-21(a) and 1-21c, G.S., to provide notice personally to the complainant.

11. It is therefore concluded that the respondents did not violate the FOI Act when they did not provide notice personally to the complainant of the February 6, 1996 meeting.

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

1. The complaint is dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of August 14, 1996.

Elizabeth A. Leifert

Acting Clerk of the Commission

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:

Philip Dombrowski

36 Heywood Drive

Glastonbury, CT o6033

Planning and Zoning Commission, Town of Glastonbury; and Town Planner and Director of Community Development, Town of Glastonbury

c/o Thomas S. Marrion, Esq.

Tyler, Cooper & Alcorn

CityPlace-35^th Floor

Hartford, CT 06103-3488

Elizabeth A. Leifert

Acting Clerk of the Commission

FIC1996-046,FD