REEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Sidni K. Undercuffler,
Complainant
against Docket #FIC 93-156
Watertown Conservation and Inland Wetlands
Commission, Watertown
Town Manager and Watertown Zoning Enforcement
Officer,
Respondents March 9, 1994
The
above-captioned matter was heard as a contested case on September 7, 1993, at
which time the complainant and the respondents 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 respondents are public agencies within
the meaning of 1-18a(a), G.S.
2. By letter dated June 1, 1993 and filed with
the Commission on June 3, 1993, the complainant appealed to the Commission
alleging that the respondents Watertown Conservation and Inland Wetlands
("CC/IW") Commission , Watertown Town Manager ("town manager")
and Watertown Zoning Enforcement Officer ("zoning enforcement
officer") violated the Freedom of Information ("FOI") Act by
failing to:
a. provide prompt access to inspect the April
27, 1993 United States Department of Agriculture Soil Conservation Service
review report ("SCS report") concerning permit application #245
("application #245");
b. prepare and maintain minutes or other
records of joint meetings or consultations held among staff members of the
Watertown Planning and Zoning Commission ("P&Z commission"), the
CC/IW commission, the Department of Public Works ("DPW") and project
consultants;
Docket #FIC 93-156 Page 2
c. make available DPW inter-agency and
intra-agency letters, opinions or recommendations concerning application #245;
d. make available as of April 7, 28 and 30,
1993, the minutes of the public hearing held on March 11, 1993;
e. make available as of April 28 and 30, 1993,
the minutes of the public hearing held on April 8, 1993;
f. make available as of May 25, 1993, the
minutes of the special meeting held on April 29, 1993;
3. The complainant requests that the Commission
declare null and void the respondent CC/IW commission's April 29, 1993 permit
approval of application #245, and order public hearings on this issue re-opened.
4. Section 1-19(a), G.S., states that all
records maintained or kept on file by any public agency shall be public records
and every person shall have the right to inspect such records promptly or to
receive a copy in accordance with the provisions of 1-15, G.S.
5. It is found that the respondents CC/IW
commission and town manager are the agencies responsible for maintaining the
CC/IW commission's records and not the respondent zoning enforcement officer.
6. It is also found that the respondents CC/IW
commission and town manager do maintain records responsive to portions of the
complainant's records request as described in paragraph 2a., 2d., 2e. and 2f.,
above.
7. It is therefore concluded that the records
requested, as described in paragraph 2a., 2d., 2e. and 2f., above, are public
records within the meaning of 1-18a(d) and 1-19(a), G.S.
8. With respect to the allegation described in
paragraph 2a., above, it is found that on April 28, 1993 the complainant
requested of the respondents CC/IW commission and town manager access to
inspect a file folder concerning application #245 which file folder contained
the April 27, 1993 SCS report.
9. It is also found that the respondents
complied with the April 28, 1993 request without delay.
10. Section 1-19(a), G. S., requires that each
agency make, keep and maintain a record of the proceedings of its meetings.
Docket #FIC 93-156 Page 3
11. Section 1-18a(b), G.S., defines meeting as:
...
any hearing or other proceeding of a public agency, any convening or assembly
of a quorum of a multimember public agency, and any communication by or to a
quorum of a multimember public agency ... to discuss or act upon a matter over
which the public agency has supervision, control, jurisdiction or advisory
power.
12. With respect to the allegation described in
paragraph 2b., above, it is found that the complainant failed to prove that the
respondents CC/IW commission, town manager and zoning enforcement officer
convened meetings within the meaning of 1-18a(b), G.S.
13. With respect to the allegation described in
paragraph 2c., above, it is found that the complainant failed to prove that DPW
inter-agency and intra-agency letters, opinions or recommendations exist
concerning application #245.
14. Section 1-21(a), G. S., requires that the
minutes of the regular and special meetings of public agencies be made
available for public inspection within seven days of the session to which they
refer.
15. With respect to the allegations described in
paragraph 2d., 2e., and above, it is found that the respondents CC/IW
commission and town manager failed to make available for public inspection
within seven days the minutes of the meetings of March 11, April 8, 1993 and
April 29, 1993.
16. It is therefore concluded that the
respondents CC/IW commission and town manager violated the minutes provision of
1-21(a), G. S.
17. The Commission declines to declare null and
void the respondent CC/IW commission's permit approval of application #245.
The
following order by the Commission is hereby recommended
Docket #FIC 93-156 Page 4
on the basis of the record concerning the
above-captioned complaint:
1. The complaint against the zoning enforcement
officer is dismissed in its entirety.
2. The complaint against the CC/IW commission
and town manager is dismissed with respect to the allegations described in
paragraph 2a., 2b. and 2c., of the findings, above.
3. With respect to the allegations described in
paragraph 2d., 2e. and 2f, of the findings, above, the respondents CC/IW
commission and town manager shall henceforth strictly comply with the minutes
provisions of 1-21(a), G.S.
Approved by Order of the Freedom of Information
Commission at its regular meeting of March 9, 1994.
Elizabeth
A. Leifert
Acting
Clerk of the Commission
Docket #FIC 93-156 Page 5
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:
Ms. Sidni Undercuffler
86 Hamilton Avenue
Watertown, CT 06795
Watertown Conservation and Inland Wetland
Commission,
Watertown Town Manager and Watertown Zoning
Enforcement Officer
c/o Charles D. Stauffacher, Esq.
Slavin & Stauffacher
P.O. Box A
Watertown, CT 06795
Elizabeth
A. Leifert
Acting
Clerk of the Commission