FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Kenneth Whitten,

Complainant

against Docket #FIC 90-313

Woodstock Inland Wetlands and Watercourses Agency,

Respondent February 27, 1991

The above-captioned matter was heard as a contested case on December 6, 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 of complaint filed with the Commission August 15, 1990, the complainant alleged that the respondent held an illegal unnoticed meeting on or before February 9, 1990.

3. It is concluded that the complainant had notice in fact on August 1, 1990.

4. The complainant alleged that there was a discrepancy between the discussion of his application for a wetlands permit which took place on January 5, 1990, and the reasons cited by the chairman of the respondent for denying his application in a January 9, 1990 letter.

5. The complainant alleged that the discrepancy between the meeting and the letter was the result of an illegal unnoticed meeting of the respondent.

6. It is found however, that there was insufficient evidence presented at hearing to prove that there was an illegal unnoticed meeting of the respondent to discuss the complainant's application.

Docket #FIC 90-313 Page Two

7. It is found based upon the foregoing conclusions of fact and law that it is unnecessary to consider the complainant's request for nullification of the respondent's vote on his application on January 5, 1990.

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 February 27, 1991.

Tina C. Frappier

Acting Clerk of the Commission

Docket #FIC 90-313 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:

KENNETH WHITTEN

P.O. Box 123

South Woodstock, CT 06267

WOODSTOCK INLAND WETLANDS AND WATERCOURSES AGENCY

c/o David M. Hubert, Esq.

Jackson, Harris & Burlingame

P.O. Box 409

Danielson, CT 06239

Tina C. Frappier

Acting Clerk of the Commission