FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In The Matter of a Complaint by FINAL DECISION

Wendy G. Beres,

Complainant

against Docket #FIC 1997-172

Zoning Enforcement Officer,

Town of Newtown; and First

Selectman, Town of Newtown,

Respondents January 14, 1998

The above-captioned matter was heard as a contested case on October 7, 1997, 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(1), G.S., (prior to October 1, 1997, §1-18a(a), G.S.).

2. By letter dated May 16, 1997, the complainant requested that the respondent first selectman provide her with a copy of all letters of complaint she made between 1985 and 1989 (hereinafter “requested complaints”) regarding a gravel operation conducted on a site near her home by Loma Sand and Gravel and/or Mackey & Son (hereinafter “Loma/Mackey site”).

3. By letter dated May 27, 1997, the respondent first selectman acknowledged receipt of the complainant’s May 16, 1997 letter but did not respond to her request for a copy of the requested complaints.

4. By letter dated May 27, 1997, the complainant requested that the respondent zoning enforcement officer provide her with a copy of:

a. any and all reports on the visual checks made on the Loma/Mackey site for possible zoning violations, between the years of 1992 and 1997; and

b. a follow up letter to Loma Sand and Gravel and/or Mackey & Son regarding an order to comply with a request for removal of equipment from the site.

5. By letter dated June 4, 1997, the respondent zoning enforcement officer informed the complainant that there were no records responsive to her request; that the only records he had regarding the Loma/Mackey site were complaint forms (“complaint forms”); and that such forms were attached.

6. By letter dated June 4, 1997, and filed on June 6, 1997, the complainant appealed to the Commission alleging that the respondents failed to comply with her requests for records.

7. Section 1-19(a), G.S., in relevant part, provides that:

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have a right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15.

8. Section 1-15(a), G.S., in relevant part, provides that:

Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.

9. It is found that the only records responsive to the complainant’s records request described in paragraphs 2 and 4, above, are the complaint forms.

10. At the hearing on this matter, the respondent zoning enforcement officer indicated that it was his intention to attach a copy of the complaint forms to his June 4, 1997 letter, described in paragraph 5, above, but due to an oversite on the part of his clerical staff, the copies were inadvertently omitted.

11. It is found that the complaint forms are public records within the meaning of §1-18a(5), G.S., (§1-18a(d), G.S., prior to October 1, 1997) and §1-19(a), G.S.

12. It is further found that the complaint forms were not attached to the respondent zoning enforcement officer’s June 4, 1997 letter, described in paragraphs 5, above.

13. It is further found that the respondent zoning enforcement officer failed to promptly provide the complainant with a copy of the complaint forms.

14. It is therefore concluded that the respondent zoning enforcement officer violated §§1-15(a) and 1-19(a), G.S., by failing to promptly provide the complainant with a copy of the complaint forms.

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

1. Forthwith, the respondent zoning enforcement officer shall provide the complainant with a copy of the complaint forms, more fully described in paragraph 9 of the findings, above, free of charge.

2. Henceforth the respondent zoning enforcement officer shall strictly comply with the provisions of §1-15(a) and 1-19(a), G.S.

3. The complaint is dismissed as against the respondent first selectman.

Approved by Order of the Freedom of Information Commission at its regular meeting of January 14, 1998.

_________________________

Doris V. Luetjen

Acting Clerk of the Commission

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:

Wendy G. Beres

15 Turkey Hill Road

Newtown, CT 06470

Zoning Enforcement Officer,

Town of Newtown; and First

Selectman, Town of Newtown

c/o David L. Grogins

Cohen and Wolf. P.C.

158 Deer Hill Avenue

Danbury, CT 06810

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

FIC1997-172/FD/tcg/01201997