FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Kenneth J. Prior,  
  Complainant  
  against   Docket #FIC 2004-265
Town Planner, Town of Somers,  
  Respondent November 10, 2004
       

 

            The above-captioned matter was scheduled for hearing as a contested case on September 14, 2004, at which time the complainant and the respondent appeared to present testimony, exhibits and argument on the complaint. For purposes of hearing, this matter was consolidated with Docket #FIC 2004-211, Docket #FIC 2004-214, Docket #FIC 2004-301, and Docket #FIC 2004-302. However, shortly after the hearing was opened, a settlement discussion was held on the record. As a result of this discussion, the parties agreed that:

 

1)      the town planner acknowledges that prior to August 2004 she maintained certain public records under a lock and key, and that generally the key was not available when she was not in her office;

2)      henceforth, the town planner will keep all non-exempt public records in an accessible place as required by 1-210(a), G.S.; and, based upon these agreements,

3)      the complainant agreed to withdraw his complaint.

 

            The Commission warmly commends both parties for agreeing to a non-litigated settlement of this case.

 

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 November 10, 2004.

 

________________________________

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:

 

Kenneth J. Prior

364 Mountain Road

Somers, CT 06071

 

Town Planner,

Town of Somers

c/o Carl T. Landolina, Esq.

Fahey, Landolina & Associates, LLC

487 Spring Street, Suite Two

Windsor Locks, CT 06096

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2004-265FD/paj/11/15/2004