FREEDOM OF INFORMATION COMMISSION

                                                OF THE STATE OF CONNECTICUT 

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Timothy J. Lee,

 

                        Complainant

 

            against                                                                          Docket #FIC 1997-247

 

Stanley Kurpiewski, Chairman, Brookfield

Inland Wetlands Commission; James A. Blake;

William Fuchs; George Chaber; and

Thomas L. Lombardi, as members of Brookfield

Inland Wetlands Commission; and Brookfield

Inland Wetlands Commission,

 

                        Respondents                                                     January 14, 1998

 

 

            The above-captioned matter was scheduled to be heard as a contested case on November 3, 1997, at which time the complainant and the respondents appeared in order to present testimony and argument on the complaint.

 

At an informal conference prior to the November 3, 1997 hearing, the complainant and the respondents reached the terms of an agreement in resolution of this contested case. The parties agreed that there was a violation of the notice requirement set forth at §1-21c, G.S., in connection with the respondent Commission’s meeting of July 14, 1997; that the respondent Commission has experienced substantial staff turnover during 1997; that the respondent Commission has now had a series of Freedom of Information (“FOI”) violations including those found in previous cases, Docket #FIC 1996-054 and Docket #FIC 1997-056; and also that henceforth the respondents will comply with the letter as well as the spirit of all aspects of the FOI Act. Based upon this agreement, the complainant informed the Commission that he wished to withdraw his complaint.

 

            The Commission warmly commends both the complainant and the respondents for working successfully to negotiate a non-litigated settlement of their earlier differences in this matter.

 

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

 

            1.  The complaint is hereby dismissed.

 

            2.  The Commission reminds the respondents that if a pattern of violations indicating a casual approach to FOI requirements is confirmed in the future, it could lead to the imposition of sanctions, including civil penalties.

 

 

 

                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:

 

Timothy J. Lee

Fasano and Ippolito

388 Orange Street

New Haven, CT 06511

 

Stanley Kurpiewski, Chairman, Brookfield

Inland Wetlands Commission; James A. Blake;

William Fuchs; George Chaber; and

Thomas L. Lombardi, as members of Brookfield

Inland Wetlands Commission; and Brookfield

Inland Wetlands Commission

c/o Francis J. Collins

148 Dear Hill Avenue

Danbury, CT 06810

 

 

 

 

 

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

 

 

 

 

 

 

FIC1997-247/FD/tcg/01141997