FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Jeffrey T. Kriete,
Complainant
against Docket
#FIC 95-380
Westbrook Inland
Wetlands/Watercourses Commission,
Respondent June 12, 1996
The above-captioned matter was heard as a contested
case on April 3, 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 filed with this Commission on October 25, 1995, the complainant alleged
that the respondent violated the provisions of the Freedom of Information
("FOI") Act at its special meeting of October 15, 1995 by asking all
those present, including members of the public present to observe the meeting,
to identify themselves.
3. It is
found that on October 15, 1995, the respondent conducted a special meeting in
the form of a field trip.
4. It is also
found that at the outset of the meeting at issue, the respondent asked for the
names of all persons present including the complainant.
5. It is also
found that the complainant did not seek to speak, vote, or otherwise actively
participate at the meeting at issue, but appeared solely for the purpose of
observing the meeting.
6. It is
accordingly concluded that the respondent technically violated the provisions
of 1-21(a), G.S., under the facts of this case.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
Docket #FIC 95-380 Page
2
1. Henceforth
the respondent shall strictly comply with the provisions of 1-21(a), G.S.
2. The
Commission reminds the respondent that violation of the FOI Act, as herein
found, without reasonable grounds, can lead to imposition of civil
penalties. The Commission also wishes
to note that although not part of the complaint in this matter, the Commission
acknowledges the attempts of the respondent's clerk and chairman to carry out
their responsibilities with respect to the maintenance of minutes in a thorough
manner. To this end the Commission
suggests that after the respondent's minutes have been approved, that it remove
the word "unapproved" from the heading of the minutes so that
confusion as to what in fact constitutes the respondent's approved minutes can
be avoided.
Approved by Order of the
Freedom of Information Commission at its regular meeting of June 12, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-380 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:
Jeffrey T. Kriete
Grove Beach Road
Westbrook, CT 06498
Westbrook Inland
Wetlands/Watercourses Commission
c/o Richard J. Beatty, Esq.
25 Boston Street
Guilford, CT 06437
Elizabeth A. Leifert
Acting Clerk of the
Commission