FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on March 19, 1997, at which time the complainant appeared, but the respondent did not appear, and the complainant 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. On October 22, 1996, the complainant requested of the respondent a copy of the respondent’s October 9, 1996 regular meeting minutes.

3. By letter filed with the Commission on October 28, 1996, the complainant alleged that the requested October 9, 1996 minutes were first made available on October 24, 1996, in violation of the Freedom of Information Act.

4. Section 1-21(a), G.S., in relevant part, provides that ". . . minutes shall be available for public inspection within seven days of the session to which they refer."

5. It is found that the minutes of the respondent’s October 9, 1996 regular meeting were not available for public inspection until October 24, 1996.

6. It is therefore concluded that the respondent violated the provisions of § 1-21(a), G.S., by failing to make the minutes of its October 9, 1996 regular meeting available for public inspection within seven days of the session to which the minutes refer.

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 minutes provisions of § 1-21(a), G.S.

Approved by Order of the Freedom of Information Commission at its regular meeting of May 14, 1997.

__________________________
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:

Richard Hemingson
Box 207
Colebrook, CT 06021

Planning and Zoning Commission, Town of Colebrook
Town Hall
558 Colebrook Road
PO Box 5
Colebrook, CT 06021

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission

FIC1996-545/FD/eal/05231997