FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on January 19, 2000, at which time the complainants 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 §1-200(1), G.S. [formerly §1-18a(1), G.S.].

 

2.      By letter dated October 8, 1999, the complainants requested, through counsel, for certain information which included a request for a certified copy of the agenda and a certified copy of the minutes of any meetings of the respondent commission, including executive sessions at which a certain complaint referred to in a letter dated August 9, 1999, from the respondents to the complainants, was discussed or at which any action was taken by the respondent commission regarding such complaint.

 

3.      By letter dated and filed on November 10, 1999, the complainants appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to comply with their request.

 

4.      Section 1-210(a), G.S. [formerly §1-19(a), G.S.], provides in relevant part that

 

[e]xcept 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 the right . . . to receive a copy of such records in accordance with the provisions of section 1-212.  Any agency rule or regulation, or part thereof, that conflicts with the provisions of this subsection or diminishes or curtails in any way the rights granted by this subsection shall be void. 

 

            5.      Section 1-212(a), G.S. [formerly §1-15(a), G.S.], provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record . . . .”

 

            6.      It is found that the requested records, as described in paragraph 2 above, are public records within the meaning of §1-210(a), G.S. [formerly §1-19(a), G.S.].

 

            7.      It is also found that the complainants and their counsel frequented the offices of the respondents to inspect records prior to and subsequent to the request described in paragraph 2, above.

 

            8.      It is further found that the respondents failed to respond to the complainants’ request because the respondent chairman thought that the complainants had received everything they wanted on the occasions that they inspected records in the offices of the respondents.

 

            9.      Nonetheless, it is found that the respondents failed to respond to the complainants’ request, as described in paragraph 2, above, and thereby violated the provisions of §1-210(a), G.S. [formerly §1-19(a), G.S.].

 

 

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

 

            1.  The respondents shall forthwith provide the complainants with a certified copy of the records, as described in paragraph 2 of the findings, above, free of charge.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 24, 2000.

 

 

 

_________________________

Melanie R. Balfour

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:

 

 

Richard Aiello, Alexander Aiello and Donald Aiello d/b/a Trumbull Park Business Center

c/o Atty. Serge G. Mihaly

Mihaly & Kascak

952 White Plains Road

Trumbull, CT  06611

 

Chairman, Planning and Zoning Commission, Town of Trumbull; and Planning and Zoning Commission, Town of Trumbull

c/o John F. Fallon

Town Attorney

Town of Trumbull

c/o 53 Sherman Street

Fairfield, CT  06430

 

 

 

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

FIC1999-526FD/mrb/05/25/00