FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Lyndsey Keene and Lorraine Longmoor,

 

Complainants

 

 

against

Docket #FIC 2001-457

First Selectman, Town of Barkhamsted;
Inland Wetlands Commission, Town of
Barkhamsted; and Office of Zoning Enforcement,
Town of Barkhamsted,

 

 

Respondents

January 9, 2002

 

 

 

 

The above-captioned matter was heard as a contested case on November 8, 2001, at which time the complainants and the respondents appeared, 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.  It is found that by letter dated October 11, 2001, the complainants made a written request to the respondent first selectman for the legal opinions as of July 27, 2001, concerning the road construction on Woodland Acres Road (hereinafter “legal opinions as of July 27, 2001”).

 

            3.  It is found that complainant Keene had previously on September 25, 2001 and October 3rd, 2001 made verbal requests for legal opinions; once, to the respondent First Selectman, on the steps of town hall, when the First Selectman was on his way out; again during a Board of Selectmen meeting held on the evening of September 25, 2001; and on October 3rd, 2001, addressing the chairman of the respondent commission, during the respondent commission’s meeting held that night.

 

            4.  The complainants appealed to the Commission by letter dated October 1st, 2001 and filed with the Commission on October 3rd, 2001, and supplemented by letter dated October 18, 2001, and filed with the Commission on October 19, 2001, alleging that the respondents violated the Freedom of Information Act (“ACT”) by denying them access to legal opinions as of July 27, 2001.

 

            5.  It is found that by letter dated October 16, 2001, the respondent first selectman acknowledged receipt of the complainants’ written request of October 11, 2001, enclosed copies of written legal opinions having to do with Woodland Acres, and informed the complainant that “there are no other written legal opinions on file.”

 

6.   Section 1-210(a), G.S., provides in relevant part that:

 

[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 during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-212.  [Emphasis added.]

 

            7.  It is found that the respondents do not have any legal opinions other than those provided to the complainants, and described in paragraph 5, above.  The legal opinions provided to the complainants are not what the complainants are seeking as they predate July 27, 2001.

 

            8.  It is concluded that the respondents do not have any legal opinions that are responsive to the complainants’ requests.

 

            9.  It is therefore concluded that the respondents did not violate §1-210(a), G.S., as alleged in the complaint. 

 

            10.  The complainants contend that they were unclear as to whether legal opinions other than the ones provided to them exist, because there is mention in a September 13, 2001 letter to the complainants from the Zoning Enforcement /Inland Wetland Officer that “[t]he [Inland Wetlands] Commission is awaiting a legal opinion from the Town’s attorney” and also mention in the Inland Wetlands commission’s meeting minutes of August 14, 2001 of the following: “the [Inland Wetlands] Commission discussed issuing an order to all property owners abutting Woodland Acres to provide an engineered design for sedimentation and erosion control and to require its implementation.  [The Zoning Enforcement Officer] Morin suggested that the IWC seek the advice of the Town attorney to see whether it can legally issue such an order” and “[the Inland Wetlands commission] would request an opinion from an attorney on the engineered design” and “[the Inland Wetlands commission] would seek advice of an attorney on more permanent solutions.”

 

            11.  Based on the references to seeking a legal opinion, described in paragraph 10, above, it is concluded that it was not unreasonable that the complainants speculated that other legal opinions might exist.  Consequently, the commission does not find that the complainants brought this complaint frivolously and in bad faith.  However, what is curious is that even after the complainants’ received the October 16, 2001 response from the respondent first selectman, clearly indicating that no other legal opinions exist, the complainants still found the need to pursue this appeal.

 

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 recommends that the complainants and the respondents try to utilize the Commission’s ombudsman process as a means of resolving any future differences that may arise and involve FOI issues. 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 9, 2002.

 

 

_______________________________________

Petrea A. Jones

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:

 

Lyndsey Keene and

Lorraine Longmoor

24 Woodland Acres

Barkhamsted, CT 06063

 

First Selectman, Town of

Barkhamsted; Inland Wetlands

Commission, Town of

Barkhamsted; and Office

of Zoning Enforcement,

Town of Barkhamsted

c/o Andrew C. Glassman, Esq.

Pullman & Comley, LLC

90 State House Square

Hartford, CT 06103-3702

 

 

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2001-457/FD/paj/1/14/2002