FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
J.M. Warren and
Cherie Warren,
Complainants,
against Docket #FIC 88-222
Clinton Inland
Wetlands Enforcement Officer,
Respondent September 28, 1988
The above-captioned matter was heard
as a contested case on July 28, 1988, at which time the complainants 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:
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2.
By letter postmarked June 14, 1988, and filed with the Commission on
June 15, 1988, the complainants appealed to the Commission, alleging the
respondent denied their requests for public information.
3.
It is found that Kenilworth VI is a phase of a subdivision which at the
times of the complainant J.M. Warren's requests was under investigation because
of complaints about silt and mud discharge into Boulder Lake.
4.
It is found that on or about May 10, 1988, the complainant J.M. Warren
requested the respondent provide him with a copy of:
a.
the cease and desist order for certain development work being done at
Kenilworth VI,
b.
and the site inspection report generated by her investigation into the
complaints about discharge into the lake.
5.
It is found that the complainants' appeal to the Commission was
postmarked more than thirty days after the date of the requests described in
paragraph 4, above.
Docket # 88-222 Page Two
6.
It is concluded that pursuant to 1-21i(b), G.S., the Commission
lacks jurisdiction over the complaint concerning the requests described in
paragraph 4, above.
7.
It is found that on or about May 17, 1988, the complainant J.M. Warren
requested access to the entire Kenilworth VI file at three Town of Clinton
departments - inland wetlands, planning and zoning, and building and health -
which have contiguous offices.
8.
It is found that the respondent asked the complainant J.M. Warren if he
wanted to see the file for Kenilworth VI's regulated wetlands activities and he
said yes. The respondent then handed
him that file and allowed him to make copies of the records in it.
9.
It is found that other relevant files about Kenilworth VI existed in
those departments at the time, including zoning records about the Old Orchard
Road and Fox Hill Road cul-de-sacs, areas relevant to the investigation.
10.
It is found that the respondent is also the Clinton Zoning Enforcement
Officer and was aware other records existed.
11.
It is found that at that time the respondent should have informed the
complainant J.M. Warren that other relevant records existed and allowed him to
choose which records he wanted to inspect or copy.
12.
It is concluded, therefore, that the respondent violated 1-15
and 1-19(a), G.S., by not providing the complainant J.M. Warren with prompt
access to all the Kenilworth VI records.
13.
The Commission declines to address the complainants' allegations
pertaining to a telephone conversation between the complainant Cherie Warren
and the respondent, as the Freedom of Information Act does not require
responses to questions, only requests for records.
Docket #FIC
88-222 Page
Three
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1.
The respondent forthwith shall provide the complainant J.M. Warren with
access to all the records concerning Kenilworth VI, as well as the discharge
problem and investigation.
2.
The respondent henceforth shall act in strict compliance with the
requirements of 1-15 and 1-19(a), G.S.
Approved by order of the Freedom of
Information Commission at its special meeting of September 28, 1988.
Catherine H.
Lynch
Acting Clerk
of the Commission