FREEDOM OF INFORMATION COMMISSION
|In the Matter of a Complaint by||FINAL DECISION|
|against||Docket #FIC 1998-017|
|Chairman, Planning and
Commission, Town of Middlebury;
and Planning and Zoning Commission,
Town of Middlebury,
|Respondents||October 28, 1998|
The above-captioned matter was heard as a contested case on September 1, 1998 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 §1-18a(1), G.S.
2. By letter of complaint dated January 19, 1998 and filed with the Commission on January 20, 1998, the complainant alleged that the respondents violated the Freedom of Information Act by failing to reduce to writing the January 8, 1998 vote of each member of the respondent commission and failing to make such vote available for public inspection within the time frame required by §1-21(a), G.S. In her letter of complaint, the complainant requested that the commission declare the respondent commissions decision of January 8, 1998 null and void.
3. It is found that the respondent commission held a regular meeting on January 8, 1998, during which it voted to approve the town of Middleburys application for a water storage tank (hereinafter water tank issue).
4. Section 1-21(a), G.S., provides, in relevant part: [T]he votes of each member of any public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours. 5. At the hearing on this matter, the respondent commission conceded that it had failed to reduce to writing and make available for public inspection within forty-eight hours of the January 8, 1998 meeting the vote of its members with respect to the water tank issue.
6. It is found that on January 13, 1998, one day later than permitted under §1- 21(a), G. S., the respondent commission reduced to writing and made available for public inspection the vote of its members on the water tank issue.
7. It is therefore, concluded that the respondent commission technically violated the record of vote requirement of §1-21(a), G.S.
8. The Commission in its discretion declines to declare null and void the respondent commissions vote on the water tank issue.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth, the respondents shall strictly comply with the record of vote requirement of §1-21(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of October 28, 1998.
_________________________ 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:
Robin Guisti c/o Atty. William L. Stevens St. John, Scappini, Lombard & Stevens 13 First Avenue Waterbury, CT 06710
Chairman, Planning and Zoning Commission, Town of Middlebury; and Planning and Zoning Commission, Town of Middlebury c/o Atty. W. Fielding Secor Secor, Cassidy & McPartland, PC 41 Church Street Waterbury, CT 06723
__________________________ Melanie R. Balfour Acting Clerk of the Commission