FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Frank Farina,
Complainant
against Docket
#FIC 95-253
William A. Shaw, Clerk,
Bridgeport Planning and Zoning Commission and
Bridgeport Planning and
Zoning Commission,
Respondents March 27, 1996
The above-captioned matter was heard as a contested
case on January 25, 1996, at which time the complainant, Mr. Shaw and counsel
for the respondents appeared, and presented testimony, exhibits and argument on
the complaint. The case caption has
been changed to correctly identify the complainant and respondents in this
matter.
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 1-18a(a), G.S.
2. It
is found that by letter dated July 6, 1995 ("July letter"), the
complainant requested certified copies of each of the following for both the
respondent commission's June 12 and June 25, 1995 public hearings ("June
meetings"): a) the meeting minutes; b) the minutes of any executive
sessions convened; c) the record of votes; and d) interagency correspondence
and/or memoranda pertaining to the aforementioned meetings
("correspondence").
3. It
is further found that in his July letter the complainant also requested a
certified copy of the respondent commission's full decision and
approval("application decision"), including the conditions of the
approval, for planning and zoning application numbers: 95-40, 95-41 and 95-42
("applications").
4. It
is found that by reply letter dated July 18, 1995, the respondent clerk
acknowledged receipt of the July letter, advised the complainant that all of
the requested information was not available, and informed him that he could
review and get copies of the available records.
Docket #FIC 95-253 Page
2
5. By
letter of complaint dated July 26, 1995, and filed with this Commission on July
31, 1995, the complainant appealed the respondents' failure to fully comply
with his records request ("complaint"). In his complaint the complainant requested that the June meetings
be declared null and void, and all actions taken on the applications be deemed
void.
6. At
the hearing on this matter the complainant requested a civil penalty. The respondents did not object to the
hearing officer's consideration of the complainant's request for a civil
penalty, rather, they argued against the imposition of such a penalty.
7. It
is found that the requested records are public records within the meaning of
1-18a(d) and 1-19(a), G.S.
8. Section
1-21(a), G.S., in relevant part states that:
The votes of each member of any ... public agency
upon any issue before such agency shall be reduced to writing and made available
for public inspection within forty-eight hours and shall also be recorded in
the minutes of the session at which taken, which minutes shall be available for
public inspection within seven days of the session to which they refer ....
(Emphasis added.)
9. It
is found that the record of votes for the June meetings were not available
within forty-eight hours of each June meeting.
10. It
is concluded that the respondents violated 1-21(a), G.S., by: (a) failing
to have the record of votes available for public inspection forty-eight hours
after each June meeting, and (b) failing to provide the complainant with a
certified copy of the record of votes promptly upon request, as required by
1-15 and 1-19(a), G.S.
11. The
respondent clerk concedes that the minutes were not available for public
inspection or copying within seven days of each June meeting as required by
1-21(a), G.S.
12. The
respondent clerk further acknowledges that the respondent commission's minutes
are not generally filed in accordance with the requirements set forth in
1-21(a), G.S.
13. It
is found that on or about August 14, 1995, the respondent clerk provided the
complainant with a certified copy of the minutes of the June 12, 1995 meeting,
and on or about August 16, 1995, he provided the complainant with a certified
copy of the minutes of the June 26, 1995 meeting.
Docket #FIC 95-253 Page
3
14. It
is concluded that the respondents violated 1-21(a), G.S., by: (a) failing
to have the minutes of the June meetings available for public inspection within
seven days of each June meeting, and (b) failing to provide the complainant
with a certified copy of the minutes upon request, as required by
1-15 and 1-19(a), G.S.
15. It
is found that no executive sessions were held at either of the June meetings,
and it is concluded that the records described in paragraph 2(b) of the
findings, above, do not exist.
16. It
is found that the respondents failed to promptly, and/or fully provide the
complainant with both the correspondence identified in paragraph 2(d) of the
findings, above, and the application decisions identified in paragraph 3 of the
findings, above.
17. It
is therefore concluded that the respondents' failure to promptly and/or fully
comply with the complainant's request for certified copies of correspondence
and the application decisions violated the provisions of 1-15 and
1-19(a), G.S.
18. It
is found that the respondents' violations of the complainant's rights conferred
under 1-15, 1-19(a), and 1-21(a), G.S. were without reasonable
grounds.
19. It
is also found under the facts of this case that the complainant failed to
allege or prove that the respondents improperly noticed, convened or conducted
the June meetings, in violation of 1-21(a), G.S.
20. Therefore,
the Commission declines to declare the June meetings null and void, or to void
any action taken at either meeting with respect to the applications.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. Forthwith,
the respondent clerk shall provide the complainant with a certified copy of the
record of votes for the June meetings, free of charge.
2. Forthwith,
the respondent clerk shall search the respondent commission's files to
determine if additional correspondence exists, and a certified copy of any such
records found shall be provided to the complainant, free of charge.
Docket #FIC 95-253 Page
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3. If
the respondent clerk has not fully complied with the complainant's request for
certified copies of the application decisions he shall immediately provide any
records not already provided, free of charge.
4. Henceforth,
the respondents shall strictly comply with the requirements for filing, and
permitting public inspection and copying of the record of votes and minutes of
its meetings, as set forth in 1-21(a), 1-19(a), and 1-15, G.S.
5. The
Commission notes further that the record of votes must be available within
forty-eight hours of the meeting to which they refer. Additionally, if "approved" minutes have not been filed
and are unavailable to the public within seven days of the date of the regular
meeting to which they refer, "unapproved" or "draft"
minutes should be available to the public, and clearly identified as such.
6. A
civil penalty in the amount of one hundred dollars ($100.00) is imposed against
William A. Shaw, the respondent clerk and the custodian of the records at
issue. Within forty-five days of the
date of mailing the notice of final decision in this case the civil penalty
payment shall be remitted to this Commission.
Approved by Order of the
Freedom of Information Commission at its regular meeting of March 27, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-253 Page
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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:
Frank Farina
c/o Serge G. Mihaly, Esq.
925 White Plains Road
Trumbull, CT 06611
William A. Shaw, Clerk,
Bridgeport Planning and Zoning Commission and Bridgeport Planning and Zoning
Commission
c/o John H. Barton, Esq.
Office of City Attorney
202 State Street
Bridgeport, CT 06604
Elizabeth A. Leifert
Acting Clerk of the Commission