FREEDOM
OF INFORMATION COMMISSION
OF THE STATE
OF CONNECTICUT
In
The Matter of a Complaint by FINAL
DECISION
Wendy
Beres,
Complainant
against Docket
#FIC 1997-176
Zoning Enforcement Officer,
Town of Newtown,
Respondent January
14, 1998
The above-captioned matter was heard as a contested
case on October 7, 1997, 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(1), G.S., (§1-18a(a), G.S., prior to
October 1, 1997).
2.
By
letter dated May 29, 1997, the complainant requested that the respondent
provide her with a copy of the audio tape recording of the Newtown Planning and
Zoning Commission meeting held on May 15, 1997 (hereinafter “audio tape”).
3.
By
letter dated June 5, 1997, and filed on June 9, 1997, and supplemented by
letter dated July 8, 1997, and filed on July 10, 1997, the complainant appealed
to the Commission alleging that the respondent failed to provide her with a
copy of the audio tape.
4.
It
is found that by letter dated June 4, 1997, and received by the complainant on
June 5, 1997, the respondent informed the complainant of the following options
with regard to her request for a copy of the audio tape:
a.
to
come to the office and listen to the audio tape;
b.
to
pay to have the audio tape transcribed; or
c.
to
pay to receive a copy of the audio tape copied by a professional audio firm.
5.
It
is found that by letter dated June 12, 1997, the complainant informed the
respondent that she would pay the cost to receive a professionally copied copy
of the audio tape.
6.
It
is found that the respondent did not respond to the complainant’s June 12, 1997
letter described in paragraph 5, above.
7.
Section
1-15(a), G.S., in relevant part, provides:
Any person applying in writing shall receive,
promptly upon request, a plain or certified copy
of any public record.
8.
It
is found that the respondent maintains the audio tape and such tape is a public
record within the meaning of §1-18a(5), G.S., (§1-18a(d), G.S., prior to
October 1, 1997) and §1-19(a), G.S.
9.
It
is found that the respondent forwarded the complainant’s June 12, 1997 letter,
described in paragraph 5, above, to his assistant who was unable to find a
professional copying service to make the requested copy of the audio tape.
10. It is found, however, that neither the respondent
nor his assistant informed the complainant of the difficulties encountered in
providing a copy of the audio tape.
11. It is concluded that the
respondent violated §1-15(a), G.S., by failing to
promptly provide the complainant with a copy of the requested audio tape.
12. At the hearing on this
matter, the complainant indicated that she no longer needed a copy of the audio
tape because the issue, which the tape would have addressed is now moot.
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 strictly comply with the copying provision of §1-15(a),
G.S.
Approved
by Order of the Freedom of Information Commission at its regular meeting of
January 14, 1998.
_________________________
Doris V. Luetjen
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:
Wendy G. Beres
15 Turkey Hill Road
Newtown, CT 06470
Zoning Enforcement Officer,
Town of Newtown
c/o David L. Grogins
Cohen and Wolf. P.C.
158 Deer Hill Avenue
Danbury, CT 06810
__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-176/FD/tcg/01141997