FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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New England Telecommunications, |
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Complainants |
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against |
Docket #FIC 2001-355 | |
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Respondents |
October 10, 2001 | |
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The above-captioned matter was heard as a contested case on August 28, 2001, at which time the complainant appeared and presented exhibits and argument on the complaint. The respondent failed to appear.
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 §1-200(1), G.S.
2. It is found that, by letter dated April 27, 2001, the complainant requested that the respondent provide it with a copy of the minutes for the April 23, 2001 Planning and Zoning Commission meeting [hereinafter “the minutes”].
3. It is found that, having failed to receive copies of the minutes, or to receive any response from the respondent, the complainant renewed the request described in paragraph 2, above, by letter dated June 20, 2001. It is found that the respondent received such letter on June 25, 2001.
4. By letter dated July 23, 2001, and filed with the Commission on July 25, 2001, the complainant alleged that the respondent violated the Freedom of Information Act, by failing to provide a copy of the minutes.
5. Section 1-210(a), G.S., provides in relevant part:
[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 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 1-212….
6. Section 1-212(a), G.S., further provides in relevant part: “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record…”
7. It is found that the minutes are a public record within the meaning of §§1-210(a) and 1-212(a), G.S.,
8. It is found that the respondent did not provide the complainant with a copy of the minutes. It is further found that the respondent never responded to the complainant with respect to the requests described in paragraphs 2 and 3, above.
9. It is concluded that the respondent violated §§1-210(a) and 1-212(a), G.S., as alleged in the complaint.
10. The administrative record of the Commission in this matter indicates that the respondent received the notice of hearing and order to show cause in this matter on August 14, 2001.
11. It is found that Dorothy Guman is Acting Chairperson, Planning and Zoning Commission, City of Bridgeport.
The following order by the Commission is hereby recommended on the
basis of the record concerning the above-captioned complaint:
1. Forthwith, the respondent shall provide the complainant with a copy of the minutes, at no charge.
2. The Commission shall reopen the hearing in this matter to determine the appropriateness of assessing a civil penalty against Dorothy Guman, Acting Chairperson, Planning and Zoning Commission, City of Bridgeport, pursuant to §1-206(b)(2), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of October 10, 2001.
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Petrea A. Jones
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:
New England Telecommunications
c/o Donal C. Collimore, Esq.
1150 Post Road
Fairfield, CT 06430
Acting Chairperson, Planning and
Zoning Commission
City of Bridgeport
45 Lyon Terrace
Bridgeport, CT 06604
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-355/FD/paj/10/16/2001