FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                                         FINAL DECISION

 

Christine Kotrba, Joseph M. Wojtas and The Day,

 

                        Complainants

 

            against                                                       Docket #FIC 88-444

 

Noank Fire District Zoning Commission,

 

                        Respondent                                               July 12, 1989

 

            The above-captioned matter was heard as a contested case on December 16, 1988.  At that time the parties appeared and presented evidence and argument on the complaint.

 

            1.         The respondent is a public agency within the meaning of §1-18a(a), G.S.

 

            2.         By complaint filed November 16, 1988 the complainants alleged that the respondent failed to provide prompt access to records and failed to file the minutes for its September 29, 1988 meeting within seven days.

 

            3.         It is found that the records of the respondent are stored in the Noank Firehouse, but that at all times relevant for this complaint, there were no regular office hours during which the public could have access to the records.

 

            4.         It is found that the complainants were required to make an appointment with the zoning enforcement officer in order to obtain access to a zoning application.

 

            5.         It is found that the respondent denied the complainants prompt access to the application because it took her six days, from October 5 to October 11, 1988, to obtain an appointment and to inspect the application.

 

            6.         It is found that the respondent violated §1-19(a), G.S. by failing to provide the complainants prompt access to its records, by failing to maintain its records in an accessible place, and by failing to hold regular office hours.

 

            7.         It is found that the respondent failed to file minutes of its September 29, 1988 meeting within seven days as required by §1-21, G.S.

 

Docket #FIC 88-444                                   Page two

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.         The respondent shall henceforth comply with the minutes requirements of §1-21, G.S.

 

            2.         The respondent shall comply with the requirements of §1-19(a), G.S. regarding prompt access to its records and the maintenance of regular office hours.

 

PURSUANT TO 4-180(c) C.G.S THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

CHRISTINE KOTRBA, JOSEPH M. WOJTAS AND THE DAY,

47 Eugene O'Neill Drive, New London, CT 06320

 

NOANK FIRE DISTRICT ZONING COMMISSION, c/o Robert J.

Carey, Jr., Esquire, Waller, Smith & Palmer, P.C. ,

P.O. Box 88, New London, CT 06320

 

            Approved by order of the Freedom of Information Commission at its regular meeting of July 12, 1989.

 

                                                                                                   

                                                                             Karen J. Haggett

                                                                             Clerk of the Commission