FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Joyce Chandler, Earl Dojan, Arlene Avery, Andrew Serio, Irma Hare and David Hare,

Complainants,

against Docket #FIC 89-428

Stafford Inland Wetlands Commission,

Respondent April 25, 1990

The above-captioned matter was heard as a contested case on March 27, 1990, 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 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 postmarked November 22, 1989, and filed with the Commission on November 27, 1989, the complainants appealed to the Commission, alleging that the respondent failed to give proper notice required by 22a, G.S., and that minutes of the meeting were not timely filed.

3. It is found that the respondent filed the minutes of its October 24, 1989, meeting with the town clerk within a few days of that meeting.

4. It is found that those minutes were not in the town clerk's file when complainants Chandler and Avery looked for them at the town hall on November 13, 1989.

5. It is found that either that same day or the next, when complainant Chandler told the respondent's chairman she could not find the minutes in the town clerk's office, he handed her a copy immediately.

6. It is found that a week or two later when complainant Avery again looked for the minutes in the town clerk's file, they were not there.

Docket #FIC 89-428 Page Two

7. It is found that a new copy of the minutes was date-stamped by the town clerk as officially received on December 4, 1989.

8. It is concluded, therefore, that for several weeks no minutes of the respondent's October 24, 1989, meeting were on file at the town clerk's office.

9. It is also, concluded, however, that the respondent fulfilled its obligation to file the minutes in a timely manner.

10. It is further concluded that the Commission does not have jurisdiction over the complainants' allegations about 22a, G.S., notice requirements.

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

1. The complaint is hereby dismissed.

2. The Commission encourages the respondent to remind the town clerk that as the custodian of the copy of the minutes in question, the clerk is responsible for its proper maintenance. To ensure the security of such records, an employee of the town clerk's office may have to remain nearby when members of the public inspect them.

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 89-428 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:

JOYCE CHANDLER AND EARL DOJAN

P.O. Box 267

Tolland, CT 06084

ARLENE AVERY AND ANDREW SERIO

60 Westford Road

Stafford Springs, CT 06076

IRMA HARE AND DAVID HARE

57 Westford Road

Stafford Springs, CT 06076

STAFFORD INLAND WETLANDS COMMISSION

c/o John Julian, Chairman

Warren Memorial Town Hall

Stafford Springs, CT 06076

Tina C. Frappier

Acting Clerk of the Commission