FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
James Wysocki,  
  Complainant  
  against   Docket #FIC 2004-302
Patrice Carlson, Town Planner, Town of Somers,  
  Respondent  January 12, 2005
       

                                                                                                 

            The above-captioned matter was consolidated for hearing with Docket ## 2004-211, 2004-214, 2004-265 and 2004-301. It was heard as a contested case on September 14 and November 4, 2004, at which times the complainant and the respondent 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 complaint in the above captioned matter entirely duplicates the complaint in Docket # 2004-301, except the respondent herein stipulated at the November 4, 2004 hearing that the above captioned matter also alleged that she maintained certain public records in her office under lock and key and that generally the key was not available when she was not in her office during normal business hours.

 

2.  The issues presented by the complaint in Docket #2004-301 were fully adjudicated therein. It would serve no purpose to restate identical findings of fact and conclusions of law with respect to those issues herein, except to take administrative notice of the finding that the respondent herein is a public agency within the meaning of 1-200(1)(A), G.S.

 

3.  Likewise, in the other companion dockets, Docket # 2004-211, 2004-214, 2004-265, the respondent stipulated 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. Respondent also agreed, as an express term of settlement in the companion dockets, that henceforth she would keep all non-exempt public records in an accessible place, as required by 1-210(a), G.S.

 

4.  Accordingly, no legal issue within the jurisdiction of the Commission remains that has not been fully adjudicated in the four, above listed companion dockets. It is concluded that the complaint herein is moot.

 

            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 January 12, 2005.

 

________________________________

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:

 

James Wysocki

62 Eaglebrook Drive

Somers, CT 06071

 

Patrice Carlson, 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/2004-302FD/paj/1/18/2005