FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Barbara Johnston,

Complainant

against Docket #FIC 89-466

Waterford Planning and Zoning Commission,

Respondent May 23, 1990

The above-captioned matter was heard as a contested case on April 19, 1990, at which time the complainant 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 dated December 6, 1989 the complainant alleged that the respondent held an illegal unnoticed meeting at which it granted a 65 day extension on application #89-222/818.

3. At hearing by agreement of the parties the complainant amended her complaint and further alleged that the respondent had improperly cancelled its meeting on December 18, 1990 without proper notice.

4. It is found that on December 14, 1990, the respondent filed an agenda for its December 18, 1990 meeting which showed that the hearing on application 89-222/818 would be rescheduled because a 65 day extension of time was granted to the applicant.

5. It is found that the 65 day extension on application #89-222/818 was not granted at an illegal unnoticed meeting, but rather that pursuant to 8-26d, G.S., such extension was granted administratively at the request of the applicant.

6. It is found that the decision to reschedule the hearing on application #89-222/818 was a change in the agenda rather than a cancellation of the meeting of the respondent

Docket #FIC 89-466 Page 2

which was scheduled on December 18, 1990.

7. It is concluded that the respondent did not violate the Freedom of Information Act when it cancelled the hearing on application #89-222/818.

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

1. The complaint is hereby dismissed.

Approved by order of the Freedom of Information Commission at its regular meeting of May 23, 1990.

Tina C. Frappier

Acting Clerk of the Commission

Docket #FIC 89-466 Page 3

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:

BARBARA JOHNSTON

161 Niantic River Road

Waterford, CT 06385

WATERFORD PLANNING AND ZONING COMMISSION

c/o John A. McGarry, Esquire

McGarry & Associates, P.C.

70 Howard Street

P.O. Box 1888

New London, CT 06320

Tina C. Frappier

Acting Clerk of the Commission