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. By letter filed with the Commission on October 28, 1996, the complainant alleged that the respondent violated the Freedom of Information Act by inaccurately recording a vote of one of its members at the respondent’s October 9, 1996 regular meeting.

3. It is found that at the respondent’s October 9, 1996 regular meeting, one of its members, Mr. Jasmin, did not vote on the issue of proposed revisions to the sand and gravel regulations, but that in amended minutes for the October 9, 1996 meeting, Mr. Jasmin’s vote was recorded as in the negative.

4. Section 1-21(a), G.S., provides in relevant part that "[T]the votes of each member of any . . . public agency upon any issue before such public 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. . . ."

5. It is concluded that the respondent violated § 1-21(a), G.S., by failing to accurately reduce to writing the action or vote of Mr. Jasmin on the issue of the proposed revisions to the sand and gravel regulations at the respondent’s October 9, 1996 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 accurately reduce to writing the votes of each of its members upon any issue before it taken at any of its meetings and make them available in accordance with § 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

FIC1996-546/FD/eal/05231997