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