FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Stan Greenbaum,
Complainant
against Docket #FIC 86-44
Paul Abbott,
Chairman of the Planning & Zoning Commission of the Town of Kent; the
Planning & Zoning Commission of the Town of Kent; and the Town of Kent,
Respondents March 26, 1986
The above-captioned matter was heard
as a contested case on March 6, 1986, at which time the complainant and the
respondents appeared and presented testimony, exhibits and argument on the
complaint.
After consideration of the entire
record, the following facts are found:
1. The
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By
letter dated January 30, 1986 the complainant made a request of the respondent
chairman for the following documents:
a) "Chapters 124 and 126 and Chapter 44,
Section 8-1b of the Connecticut General Statutes and Chapter 50, Title 42 and
Title 42 of the United States Code 4022," as referred to in the Kent
ordinance relating to the powers of the respondent commission;
b) A copy of a violation notice sent to Russell
Frisbie, as referred to in the minutes of the respondent commission's July 10,
1985 meeting;
c) A copy of a letter sent to Mr. Frisbie by
the respondent commission some time after August 14, 1985, as referred to in
the minutes of the respondent commission's August 14, 1985 meeting.
3.
By letter of complaint filed with the
Commission on February 18, 1986 the complainant alleged that the respondents
had failed to provide him with the requested records. The complainant also alleged that he had been denied prompt
access
Docket #FIC
86-44 Page Two
to certain
minutes of the respondent commission, which allegation was the subject of FIC#
86-29, Stan Greenbaum v. Planning and Zoning Commission and Zoning Enforcement
Officer of the Town of Kent, and will therefore not be treated here. The complainant requested the imposition of
civil penalties pursuant to 1-21i(b), G.S.
4. It
is found that the respondents do not maintain copies of the Connecticut General
Statutes nor of the federal statutes cited by the complainant. The respondents, upon request, referred the
complainant to the Kent town hall, where he was able to obtain copies of the
Connecticut General Statutes. Copies of
the federal statutes cited were not available at the town hall.
5. The
complainant claims that because the above-cited laws are included by reference
in a Kent ordinance, the respondents must make copies of such laws available to
the public.
6. It
is found, however, that copies of the laws are not recorded data or information
prepared, owned, used, received or retained by the respondents within the
meaning of 1-18a(d), G.S. The
respondents, therefore, did not violate 1-15, G.S. when they did not
provide the complainant with copies of the requested statutes.
7. At
hearing, the complainant was provided with a copy of the notice of violation
sent to Mr. Frisbie. It is found that
the respondents failed to promptly provide the complainant with a copy of the
notice, in violation of 1-15, G.S.
8. The
minutes of the respondent commission's August 14, 1985 meeting made reference
to the possibility of sending Mr. Frisbie a notice of appreciation following
his rectification of an alleged zoning ordinance. At hearing the respondents stated that no such letter was
sent. The Commission notes, however,
that the complainant was not notified that the proposed letter was never
created.
9. The
respondents claim that the notice of violation was withheld based upon the
respondents' belief that disclosure of the notice was not required by the
Freedom of Information Act.
10.
It is found that the
respondents' withholding of the notice regarding Mr. Frisbie was not based upon
any exemption from disclosure contained in the Freedom of Information Act,
other state statute or federal law. The
Commission, however, does not deem appropriate the imposition of civil
penalties, as requested by the complainant.
Docket #FIC
86-44 Page Three
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1. The
respondents shall henceforth act in strict compliance with the requirements of 1-15,
G.S. regarding the public's right to prompt access to copies of public records.
Approved by order of the Freedom of
Information Commission at its regular meeting of March 26, 1986.
ÿ
Karen J.
Haggett
Clerk of the
Commission