FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Fred Radford,

Complainant

against Docket #FIC 89-328

Trumbull Zoning Board of Appeals,

Respondent April 25, 1990

The above-captioned matter was consolidated with contested case #FIC 89-327, Fred Radford v. Trumbull Planning and Zoning Commission, 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:

July 6, 1988 June 7, 1989

April 5, 1989 July 5, 1989

May 3, 1989 August 2, 1989

May 8, 1989 August 7, 1989

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

4. The complainant asked that the Commission impose a civil penalty 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 89-328 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. Henceforth the respondent shall 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 89-328 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 ZONING BOARD OF APPEALS

c/o Arthur A. Hiller, Esq.

815 Main Street

Bridgeport, CT 06604

Tina C. Frappier

Acting Clerk of the Commission