FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Denis O'Sullivan,
Complainant
against Docket #FIC 92-361
Watertown Fire District Zoning Commission
Respondent July 28, 1993
The above-captioned matter was heard as a contested case on May 3, 1993, 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 November 3, 1992 the complainant requested of the respondent informatiom regarding how and when a proposed zone change was initiated for certain property zoned as R-10F (residential) to be re-zoned B-OF (office business).
3. By letter dated November 13, 1992, the respondent informed the complainant that the following three records (which had been previously made available to the complainant) were responsive to his request: a) minutes of a public hearing held June 22, 1992 ; b) minutes of the respondent's special meeting held on August 3, 1992 ; and c) minutes of a public hearing held November 2, 1992.
4. By letter of complaint dated November 16, 1992, and filed with the Commission on December 3, 1992, the complainant appealed to the Commission alleging that the respondent must have considered initiating the proposed zone change, described in paragraph 2, above, in secret or outside the context of a public meeting in violation of the Freedom of Information Act.
5. At the hearing in this matter, the respondent contended that the minutes of its August 3, 1992 special meeting reflect a discussion pertaining to a zone change for property zoned as B-CF (central business) to B-OF (office business), and that this discussion refers to, and represents action taken to initiate consideration of re-zoning the R-10F (residential) property described in paragraph 2, above.
Docket #FIC 92-361 Page 2
6. In turn, the complainant maintained that the minutes of the August 3, 1992 special meeting refer only to a discussion of the re-zoning of BC-F (central business) to B-OF (office business) property, and not to the re-zoning of R-10F (residential) to B-OF (office business) property.
7. In addition, the complainant contended that a September 18, 1992 letter, signed by the Watertown Zoning Enforcement Officer, suggested that certain action had been taken by the respondent to initiate the proposed zone change.
8. It is found that the complainant failed to prove that the respondent commission considered initiating the proposed zone change, described in paragraph 2, above, in secret or outside the context of a public meeting.
9. It is therefore concluded that the respondent has not violated any of the complainant's rights under the Freedom of Information Act.
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.
2. The Commission takes this opportunity to remind the respondent that in keeping with the spirit of the Freedom of Information Act the minutes of meetings should adequately reflect the nature of business transacted, so that the public may be clearly apprised of meeting proceedings.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 28, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-361 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:
Denis O'Sullivan
238 North Street
Watertown, CT 06795
Watertown Fire District Zoning Commission
c/o Atty. Thomas G. Parisot
Secor, Cassidy & McPartland
41 Church Street
P. O. Box 2818
Waterbury, CT 06723-2818
Debra L. Rembowski
Acting Clerk of the Commission