FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Jeffrey T. Kriete,

 

                                Complainant

 

                against                   Docket #FIC 95-223

 

John T. Arnold, John C. Clements, Richard M. Gallacher, Robert A.

Peterson, Doris S. Sanstrom, Raymond E. Fontaine, Paul D'Orio,

Heide K. Wallace and Westbrook Inland Wetlands Commission,

 

                                Respondents                        June 26, 1996

 

                The above-captioned matter was heard as a contested case on January 2, 1996.  The matter was re-opened and a civil penalty hearing conducted on April 23, 1996, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony 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 Arnold, Clements, Gallacher, Peterson, Sanstrom, Fontaine and commission are public agencies within the meaning of 1-18a(a), G.S.  The respondents D'Orio and Wallace are not members of the respondent commission and were improperly named in this complaint.

 

                2.  By letter of complaint dated July 4, 1995 and filed with the Commission on July 5, 1995, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information ("FOI") Act by forcefully removing him from a meeting of the respondent Commission on June 20, 1995.

 

                3.  It is found that on June 20, 1995 the respondent commission held a site inspection at the site of the factory outlet mall on Flat Rock Road, Westbrook.

 

                4.  It is concluded that the site inspection, described in paragraph 3, above, is a meeting within the meaning of 1-18a(a), G.S., (hereinafter "site inspection meeting").

 

Docket #FIC 95-223                                             Page 2

 

                5.  It is found that prior to the site inspection meeting two police officers, responding to a request made by Charter Oak Corporation, the developers of the mall project, ordered the complainant not to go onto the property where the site inspection meeting was being conducted.

 

                6.  At the hearing on this matter, the respondent commission conceded that it was wrong to have prohibited the complainant from attending the site inspection meeting on June 20, 1995.

 

                7.  It is concluded that the respondent commission violated 1-21(a), G.S. when it prohibited the complainant from attending the site inspection meeting held on June 20, 1995.

 

                8.  Section 1-21i(b)(2), G.S., permits the imposition of a civil penalty upon a finding that a denial of any right created under the FOI Act was without reasonable grounds and after the official directly responsible for such denial has been given an opportunity to be heard at a hearing.

 

                9.  It is found that the respondent commission was aware and advised by counsel prior to the June 20, 1995 site inspection meeting that barring the public from a site inspection would be a violation of the FOI Act.

 

                10.  It is found that the respondent commission, nonetheless barred the complainant from attending the site inspection meeting on June 20, 1995.

 

                11.  It is found that the respondent commission's action was without reasonable grounds.

 

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

 

                1.             The respondents Arnold, Clements, Gallacher, Peterson, Sanstrom and Fontaine shall each remit to this Commission a civil penalty in the amount of $50.00.

 

                2.  Henceforth, the respondents shall strictly comply with the requirements of the FOI Act.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 26, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-223                                             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:

Jeffrey T. Kriete

342 Grove Beach Road

Westbrook, CT 06498

 

John T. Arnold, John C. Clemts, Richard M. Gallacher, Robert A. Peterson, Doris S. Sanstrom, Raymond E. Fontaine, Paul D'Orio, Heide K. Wallace and Westbrook Inland Wetlands Commission

c/o Richard J. Beatty, Esq.

25 Boston Street

Guilford, CT 06537

 

                                                                              

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission