FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Tom Blejewski,

Complainant(s)

against Docket #FIC 1996-140

Zoning Board of Appeals, City of New Britain,

Respondent(s) December 11, 1996

The above-captioned matter was heard as a contested case on August 9, 1996, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint, however, the respondent failed to appear.

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. It is found that on or about April 10, 1996, the complainant made an in person request to the respondent’s clerk for access to the audio tapes (“tapes”) of the respondent’s December 26, 1996 meeting.

3. It is found that the respondent’s clerk informed the complainant that the tapes were not available because they were kept in the personal possession of the respondent’s chairman at his residence.

4. It is found that the respondent’s clerk contacted the chairman and on or about April 12, 1996, the complaint was provided access to and a copy of the tapes.

5. By letter of complaint dated and filed with the Commission on April 29, 1996, the complainant alleged that the respondent board violated the Freedom of Information (“FOI”) Act by failing to provide him with prompt access to certain public records.

6. It is found that the tapes are public records within the meaning of §1-18a(d), G.S.

7. Section 1-19(a), G.S., in relevant part provides that:

… all records maintained or kept on file by any public agency, whether or not such records are required by any law … shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15 [which also provides for a prompt copy] …

8. It is therefore concluded that the respondent violated the provisions of §§1-15(a) and 1-19(a), G.S., by failing to maintain the requested tapes in its office or place of business, or with the town clerk if it has no office or place of business, and by failing to promptly provide the complainant with a copy of the tapes.

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 strictly comply with the provisions for maintaining and providing access to public records as clearly set forth in §1-19(a), G.S.

Approved by Order of the Freedom of Information Commission at its regular meeting of December 11, 1996.

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

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:

Tom Blejewski

27 Fernwood Road

New Britain, CT 06053

Zoning Board of Appeals

City of New Britain

27 West Main Street

New Britain, CT 06051

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

FIC 1996-140/FD/eal/121696