FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Mary Zawacki,
Complainant
against Docket
#FIC 95-305
Deep River Conservation &
Inland Wetlands Commission,
Respondent March 27, 1996
The above-captioned matter was heard as a contested
case on February 22, 1996, 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 1-18a(a), G.S.
2. By letter
of complaint dated August 30, 1995 and filed with the Commission on September
5, 1995, the complainant appealed alleging that the respondent violated the
Freedom of Information ("FOI") Act by failing on August 30, 1995 to
provide her with access to a copy of the minutes of the August 10, 1995 regular
meeting.
3. It is
found that the respondent held a regular meeting on August 10, 1995.
4. It is
found that on August 30, 1995 the complainant visited the town clerk's office
and requested a copy of the minutes of the respondent's August 10, 1995
meeting, described in paragraph 3, above.
5. It is
found that the respondent files its minutes with the town clerk's office.
6. It is
found that the minutes of the August 10, 1995 meeting, described in paragraph
3, above, were filed by the respondent with the town clerk on September 6,
1995.
7. Section
1-21(a), G.S., requires that minutes be made available for public inspection
within seven days of the session to which they refer.
Docket #FIC 95-305 Page 2
8. At the
hearing on this matter the respondent conceded that the minutes of the August
10, 1995 regular meeting were filed late.
9. It is
therefore concluded that the respondent violated 1-21(a), G.S., when it
failed to have available on August 30, 1995 for public inspection the minutes
of the August 10, 1995 regular meeting.
10. It is
found that the violation described in paragraph 9, above, occurred due to
certain extenuating circumstances being experienced by the respondent including
the death of the recording secretary's father, and further that the respondent's
minutes are generally filed within seven days of its meetings.
11. It is
therefore found that there was no bad faith intended on the part of the
respondent by its failure to file the minutes within seven days of the August
10, 1995 regular meeting.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1.
Henceforth, the respondent shall sttictly comply with the requirements
of 1-21(a), G.S..
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 95-305 Page
3
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:
Mary Zawacki
40 Stevenstown Road
Deep River, CT 06417
Deep River Conservation &
Inland Wetlands Commission
174 Main Street
Deep River, CT 06417
Elizabeth A. Leifert
Acting Clerk of the Commission