FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Jerry A. Walden,
Complainant
against Docket #FIC 86-53
Planning and
Zoning Commission of the Town of Chester and the Town of Chester,
Respondents April 9, 1986
The above-captioned matter was heard
as a contested case on March 18, 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. In
a Final Decision in FIC #85-97, Jerry A. Walden v. Planning & Zoning
Commission of the Town of Chester and the Town of Chester, adopted on August
14, 1985, the Commission ordered the respondent commission to obtain copies of
maps submitted in connection with the "Goss property kennel zoning
application," which maps had at one time been in the possession of the respondent
commission but which had subsequently been misplaced or lost.
3. On
February 24, 1986 the complainant made inquiry of the respondent regarding the
maps and was told that the maps had not been obtained.
4. By
letter of complaint filed with the Commission on February 26, 1986 the
complainant alleged that the respondent commission had failed to make an
attempt to obtain the maps.
5.
The maps in
question are within the possession and control of Ms. Cathy Carruthers, the
current owner of the "Goss kennel."
The respondent claims that an oral request for the maps has been
directed to Ms. Carruthers but that she has refused access.
Docket #FIC
86-53 Page Two
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1. The
respondent shall, within one week of the final decision in this matter, direct
a written request for the maps in question to Ms. Carruthers and shall,
simultaneously, provide copies of such letter to the complainant and to the
Freedom of Information Commission.
2. The
Commission notes that failure to comply with an order of this Commission
constitutes a class B misdemeanor and that such failure may result in the
referral of the matter to the office of the State's Attorney for further
action.
Approved by order of the Freedom of
Information Commission at its regular meeting of April 9, 1986.
ÿ
Karen J.
Haggett
Clerk of the Commission