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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Complainants |
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against |
Docket #FIC 2001-166 | |
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Planning and Zoning
Commission, |
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Respondent |
February 27, 2002 | |
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The
above-captioned matter was heard as a contested case on July 19, 2001, at
which time the complainant and the respondent 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 respondent is a public agency within the meaning of §1-200(1), G.S.
2. It is found that on March 20, 2001, the complainant visited the offices of the Town Planner and asked to inspect file number S 2000-08. The file could not be located at that time so the complainant left a note with the clerk in the office addressed to the Town Planner/ Zoning Enforcement Officer and, in relevant part, containing the following:
I came into the Planning office to examine file # S 2000-08 and it could not be located. Please give me a call when you locate it so that I can review it.”
3. It is found that on March 22, 2001 the complainant again visited the offices of the Town Planner and spoke to Mr. Vincent about the request, and at that time Vincent told the complainant he had thrown the request in the garbage. It is found that the file in question concerns a permit application filed by Vincent.
4. Having failed to receive access to the requested file, the complainant, by letter dated March 22, 2001 filed this appeal with the Commission on March 23, 2001, alleging that he had been denied access to the requested file.
5. Section
1-200(5), G.S., provides that "public records or files" mean “any
recorded data or information relating to the conduct of the public's business
prepared, owned, used, received or retained by a public agency, or to
which a public agency is entitled to receive a copy by law or contract under
section 1-218, whether such data or
information be handwritten, typed, tape-recorded, printed, photostated,
photographed or recorded by any other method.”
6. Section 1-210(a), G.S., further 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…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….”
7. It is found that the requested file is maintained by the respondent and is a “public record” within the meaning of §§ 1-200(5) and 1-210(a), G.S. It is also found that the respondent makes no claim that the contents of the file are exempt from disclosure pursuant to any federal law or state statute.
8. Neither Mr. Vincent nor any members of the respondent appeared at the hearing. At the hearing, the only evidence provided by the respondent’s counsel regarding the reason for the file not being turned over to the complainant was a letter dated March 22, 2001, sent via certified mail, in which Vincent informs the complainant, in relevant part, as follows:
I have received a telephone request regarding the S-2000-08 file. Please provide a written request of the information that you are looking for so that we may provide you with the best service available.
9. It is found that the complainant’s requests to review the file, some four months prior to the hearing in this matter, as described in paragraphs 2 and 3, above, are clear and the respondent failed to provide a plausible reason for not promptly providing the complainant with the file. It is also found that the members of the respondent and Mr. Vincent have demonstrated a total disregard of the state’s Freedom of Information Act.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. In keeping with counsel’s representation at the hearing, forthwith, the respondent shall provide the complainant with an opportunity to inspect the file and to receive a copy, if such file has not already been provided to him.
Approved by Order of the Freedom of Information Commission at its regular meeting of February 27, 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:
Planning and Zoning Commission
Town of Plainfield
c/o Michael E. Satti, Esq.
Satti & Ryan LLP
225 State Street, Suite 200
New London, CT 06320
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-166/FD/paj/2/28/2002