FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Ira M. Leonard,

 

                        Complainant,

 

            against              Docket #FIC 89-411

 

Town of Hamden Zoning Board of Appeals,

 

                        Respondent                  May 9, 1990

 

            The above-captioned matter was heard as a contested case on April 3, 1990, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidate for hearing with Docket ##'s FIC 89-341 and FIC 89-392.

 

            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 filed with the Commission on November 1, 1989, the complainant alleged the respondent had not filed minutes of its October 19, 1989, regular meeting with the municipal clerk within the required time period.

 

            3.  At the hearing on this matter, the respondent admitted that the minutes of its October 19, 1989, meeting were not filed with the municipal clerk within the required time period.

 

            4.  It is concluded that the respondent violated 1-21(a), G.S., by failing to file minutes within seven days of its October 19, 1989, meeting.

 

            5.  The respondent claims that the respondent's current clerk was new at the job at the time of the meeting in question and thought the minutes had to be filed within thirty days.

 

            6.  While the inexperience of the clerk does not excuse the respondent from statutory requirements, it is found that the respondent has now taken steps to insure its minutes are filed within the required time period.

 

Docket #FIC 89-411                           Page Two

 

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

 

            1.  The respondent henceforth shall act in strict compliance with 1-21(a), G.S., by filing minutes with the municipal clerk within seven days of all its regular and special meetings.

 

            2.  The respondent shall cause a copy of this final decision to be posted on a publicly-accessible bulletin board in the Hamden municipal hall for 30 days.

 

Approved by order of the Freedom of Information Commission at its regular meeting of May 9, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-411                           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:

IRA M. LEONARD

17 Melrose Avenue

Hamden, CT 06518

 

TOWN OF HAMDEN ZONING BOARD OF APPEALS

c/o Francis E. Lamboley, Esquire

2827 Old Dixwell Avenue

Hamden, CT 06518

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission