FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1996-441
July 30, 1997

In the Matter of a Complaint by Richard Hemingson, Complainant
against
Planning and Zoning Commission, Town of Colebrook, Respondent

The above-captioned matter was heard as a contested case on February 19, 1997, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

2. It is found that on September 26, 1996, the complainant requested that the respondent provide him with a copy of the minutes of the respondent’s September 11, 1996 regular meeting.

3. It is found that the respondent, through the land use secretary, denied the complainant’s September 11, 1996 minutes request, indicating to the complainant that the minutes had not yet been prepared.

4. Having failed to receive the requested minutes, the complainant, by letter dated and filed with the Commission on September 26, 1996, appealed to the Commission alleged that the respondent violated the Freedom of Information Act by failing to make the requested minutes available in a timely manner.

Docket #FIC1996-441 Page 2

5. Section 1-21(a), G.S., in pertinent part, provides:

The votes of each member of any such public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken, which minutes shall be available for public inspection within seven days of the session to which they refer.

6. It is found that the requested minutes were not available to the public within seven days of the session to which they referred.

7. It is therefore, concluded that the respondent violated 1-21(a), G.S., by failing to make available to the public the minutes of its September 11, 1996 meeting within seven days of that meeting.

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 minutes requirements of 1-21(a), G.S.

Approved by Order of the Freedom of Information Commission at its special meeting of July 30, 1997.

__________________________
Doris V. Luetjen
Acting Clerk of the Commission

Docket #FIC1996-441 Page 3

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:
Richard Hemingson
Box 207
Colebrook, CT. 06021

Planning and Zoning Commission
Town of Colebrook
558 Colebrook Road
P. O. Box 5
Colebrook, CT. 06021

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
fic1996-441/FD/mes/08141997