FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Lorraine Longmoor, |
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Complainant |
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against |
Docket #FIC 2000-259 |
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Town Clerk, Town of Barkhamsted; |
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Respondents |
July 26, 2000 |
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The above-captioned matter was heard as a contested case on June 16, 2000, 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 §1-200(1),
G.S.
2. By letter dated and filed with the Commission on May 24, 2000, the complainant alleged that the respondents violated the Freedom of Information (hereinafter “FOI”) Act by failing to provide her with an opportunity to inspect Barkhamsted ordinances and regulations in effect during the years 1967 to 1969 regarding road construction and subdivisions, as well as records related to the development of a specified subdivision in town.
3. Section 1-210(a), G.S., provides in relevant part:
"[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly… Each such agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located..."
4. It is found that the complainant has made numerous trips to Barkhamsted town hall in order to research the development of the subdivision in which her home is located. It is further found that, on all such occasions, the respondents and other Barkhamsted employees were cooperative and provided the complainant with prompt access to requested records, excepting the records described in paragraph 2, above.
5. It is found that the respondents have made a thorough and diligent search of their records, and cannot locate the records described in paragraph 2, above. It is further found that, in an effort to assist the complainant, the respondent clerk contacted the previous town clerk to determine if older records are kept or maintained off-site, but was informed that all existing records are located in town hall.
6. It is also found that the subdivision, which is the subject of the requested records, was built at a time prior to the creation of the Barkhamsted Zoning Commission and that the records described in paragraph 2, above, may not exist.
7. It is concluded that the respondents neither maintain nor keep on file the records described in paragraph 2, above.
8. Based upon the facts and circumstances of this case, it is further concluded that the respondents did not violate §1-210(a), G.S., as alleged in the complaint.
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.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 26, 2000.
_________________________
Melanie R. Balfour
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:
Lorraine Longmoor
24 Woodland Acres
Barkhamsted, CT 06063
Town Clerk, Town of Barkhamsted; and Zoning Enforcement Officer, Town of Barkamsted
c/o Atty. Andrew C. Glassman
Sorokin, Gross & Hyde, PC
One Corporate Center
Hartford, CT 06103-3291
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC2000-259FD/mrb/07/27/00