FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on November 25, 2003, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint.  The respondent did not appear, although the Commission’s records reflect that the notice of hearing in this matter was delivered to the respondent on November 7, 2003.

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 §1-200(1), G.S.

 

2.      It is found that, by letter dated July 7, 2003, the respondent informed the complainant that four zoning permit applications that the complainant had submitted were denied, as a result of an opinion received from the East Lyme Town Attorney [hereinafter “the opinion”].  It is found that the complainant subsequently filed an appeal of such denials with the East Lyme Zoning Board of Appeals [hereinafter “the appeal”]. 

 

3.  It is found that, by letter dated July 22, 2003, the complainant requested that the respondent provide it with a copy of the opinion.

 

4.  It is found that, having received no response to the request described in paragraph 3, above, the complainant contacted the office of the respondent by telephone on August 11, 2003, and was informed that such request was denied.

 

5.  By letter dated and filed on August 15, 2003, the complainant appealed to this Commission, alleging that the respondent violated the Freedom of Information Act by failing to provide it with a copy of the opinion.    

 

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…receive a copy of such records in accordance with section 1-212. 

 

7.  Section 1-212(a), G.S., provides in relevant part that “[a]ny 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 provided the complainant with a copy of the opinion on August 19, 2003, one day prior to a scheduled hearing on the appeal at the East Lyme Zoning Board of Appeals. 

 

9.  At the hearing in this matter, the complainant contended that fulfillment of the request described in paragraph 3, was not prompt, and expressed concern that the respondent will not be prompt in the future.

 

10.  It is found that the respondent’s provision of the opinion to the complainant four weeks after it was requested was not prompt within the meaning of §1-212(a), G.S.

 

11.  It is therefore concluded that the respondent violated §1-212(a), G.S., when he failed to promptly provide the complainant with a copy of the opinion, as alleged in the complaint.

 

           12.  The Commission notes that the respondent’s failure to appear at the hearing in this matter demonstrates a disregard for the Commission’s proceedings.

 

          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 promptness provision of §1-212(a), G.S.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 14, 2004.

 

 

___________________________________

Ann B. Gimmartino

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:

 

Landmark Development Group, LLC

c/o Aimee Hoben, Esq. and Michael Zizka, Esq.

Murtha Cullina LLP

185 Asylum Street

Hartford, CT  06103-3469

 

Zoning Officer, Town of East Lyme

East Lyme Town Hall

108 Pennsylvania Avenue

East Lyme, CT  06357

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

FIC/2003-290/FD/abg/01/16/2004