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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Alan Small, |
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Complainants |
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against |
Docket #FIC 2001-480 | |
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Diane Fox, Town Planner, Planning and Zoning Commission, Town of Greenwich; and Planning and Zoning Commission, Town of Greenwich, |
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Respondent |
April 24, 2002 | |
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The above-captioned matter was heard as a contested case on November 15, 2001 and January 31, 2002, at which times the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. For purposes of hearing, this matter was consolidated with Docket #FIC 2001-472, Alan Small v. Diane Fox, Town Planner, Planning and Zoning Commission, Town of Greenwich; and Planning and Zoning Commission, Town of Greenwich at the November 15, 2001 hearing and with Docket #FIC 2001-494, Alan Small v. Diane Fox, Town Planner, Planning and Zoning Commission, Town of Greenwich; and Planning and Zoning Commission, Town of Greenwich at the January 31, 2002 hearing.
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.
2. By letter to the respondent planning and zoning commission (hereinafter “PZC”) dated October 9, 2001, the complainant requested: “a certified copy of the staff report authored by Marilyn Nichols related to a proposed zoning amendment number 00-01 [sic] concerning Floor Area Ratio submitted by the Concerned Homeowners of Greenwich” and a certified copy of the “current Floor Area Ration guidance document that is available at the planning and zoning department.”
3. On October 12, 2001, while visiting the offices of the respondent PZC, the complainant also requested a certified copy of a record “related to the Southwest Regional Planning organization.” A staff person of the respondent PZC advised the complainant that it would not take long to provide copies of the requested records.
4. By letter dated October 19, 2002 and filed October 22, 2002, the complainant appealed to the Commission alleging that the respondents had violated the Freedom of Information Act by failing to provide copies of the requested records promptly. In addition, the complainant requested that the Commission impose civil penalties pursuant to the provisions of §1-206(b), G.S.
5. Section 1-210(a), G.S., provides in relevant part that:
Except as otherwise provided by any federal law or state statute, 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 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., 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.
7. It is concluded that the requested records, described in paragraphs 2 and 3, above, are public records within the meaning of §1-210(a), G.S.
8. It is found that the respondents hand-delivered copies of the requested records described in paragraphs 2 and 3, above, to the complainant on November 9, 2001.
9. It is further found that the respondents’ provision of copies of the requested records described in paragraph 2 and 3, above, was not prompt within the meaning of §1-212(a), G.S., and that the respondents therefore violated the terms of such provision, as alleged by the complainant.
10. In its discretion, the Commission declines to impose civil penalties in this case.
On the basis of the record concerning the above-captioned complaint, the Commission recommends no order.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 24, 2002.
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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:
Diane Fox, Town Planner, Planning
and Zoning Commission, Town of
Greenwich; and Planning and Zoning
Commission, Town of Greenwich
c/o Haden P. Gerrish, Esq.
Greenwich Town Attorney
Town Hall, 101 Field Point Road
Greenwich. CT 06830
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-480/FD/paj/4/29/2002