FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Garret Bush,
Complainant,
against Docket #FIC 88-124
Chairman of the
Board of Tax Review and Board of Tax Review of the Town of Waterford,
Respondents, August 10, 1988
The above-captioned matter was heard
as a contested case on May 24, 1988, 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:
1.
The respondents are public agencies within the meaning of 1-18a(a),
G.S.
2.
By letter dated March 10, 1988, the complainant requested the
respondents provide him with:
a. information
furnished to the respondent board on the criteria and manner by which the
Waterford Tax Assessor determines equitable valuation of land in an R-20 zone,
including factors such as current usage, area, accessibility, slope, ledge,
drainage, landscaping, degree of development, and the status of municipal
approval for any necessary permits;
b. this
same information pertaining specifically to the valuation of land at 721, 725,
729, 730 and 732 Vauxhall Street Extension;
c. a
copy of the recorded proceedings of the hearing about the complainant's land
valuation, which began at 7:00 p.m. on February 19, 1988;
d. a
copy of the recorded proceedings of unscheduled special meetings held to
inspect the land and determine its value.
Docket #88-124 Page Two
3.
By letter dated March 26, 1988, and filed with the Commission on March
30, 1988, the complainant appealed to the Commission, alleging the denial of
his request.
4.
It is found that the respondents failed to respond to the complainant's
request within four business days.
5.
It is concluded, therefore, that the respondents violated 1-21i,
G.S.
6.
It is found that the respondents do not maintain records containing the
information described in paragraphs 2a and b, above, but that such records and
information are available in the town tax assessor's office.
7.
It is found that the respondents do have minutes of their meeting of
February 19, 1988, which meet the description of the records requested in
paragraph 2c, above.
8.
It is found that the respondents also have minutes of their meeting on
the evening of February 23, 1988, at which they considered the complainant's
appeal and which meet the description of the records requested in paragraph 2d,
above.
9.
It is found that the respondents failed to provide the complainant with
copies of these minutes promptly upon request.
10.
Thus it is concluded that the respondents violated 1-15 and
1-19(a), G.S.
11.
It is further found that a quorum of the respondent board met on the
morning of February 23, 1988, to walk across and review the complainant's
property.
12.
It is found that this meeting is the type for which the complainant
requested records, as described in paragraph 2d, above.
13.
It is found that the respondents failed to keep and maintain a record of
this meeting.
14.
It is concluded, therefore, that the respondents violated
1-19(a), G.S.
Docket #FIC
88-124 Page
Three
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The respondents henceforth shall
act in strict compliance with 1-15, 1-19(a) and 1-21i, G.S.
2.
The respondents forthwith shall schedule an educational workshop on
Freedom of Information Act requirements to be given by a Commission staff
attorney and to take place no later than 60 days after the mailing of the
notice of the final decision in this matter.
Approved by order of the Freedom of
Information Commission at its special meeting of August 10, 1988.
ÿ
Catherine H.
Lynch
Acting Clerk
of the Commission