FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Fred Radford,

 

                        Complainant

 

            against              Docket #FIC 89-327

 

Trumbull Planning and Zoning Commission,

 

                        Respondent                  April 25, 1990

 

            The above-captioned matter was consolidated with contested case #FIC 89-328, Fred Radford v. Trumbull Zoning Board of Appeals, because of the similarity of the subject matter.  It was heard as a contested case on January 23, 1990, at which time 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.         By letter of complaint filed August 24, 1989, the complainant alleged that the respondent failed to transcribe minutes for meetings occurring on the following dates:

           

            May 26, 1988              May 25, 1989

            January 10, 1989          June 22, 1989

            January 26, 1989          June 29, 1989

            March 16, 1989           July 13, 1989

            May 18, 1989              August 17, 1989

 

            3.         The respondent admitted that minutes were not transcribed for the dates set forth in the complaint.

 

            4.         The complainant asked that a civil penalty be imposed because of the respondent's continuing failure to comply with the minutes requirements of 1-21, G.S.

 

            5.         It is found that the respondent has taken measures to correct its problem of late filed minutes by changing its office procedures so the administrator of the office may close her office periodically in order to complete the minutes in a timely fashion.

 

Docket #FIC 89-327                           Page two

 

            6.         It is concluded that a civil penalty is not appropriate under the circumstances 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 respondent shall henceforth comply with 1-21, G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of April 25, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-327                           Page three

 

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:

FRED RADFORD

135 Pinewood Trail

Trumbull, CT 06611

 

TRUMBULL PLANNING AND ZONING COMMISSION

c/o Arthur A. Hiller, Esq.

815 Main Street

Bridgeport, CT 06604

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission