davidmcbeth
Banned
Well, I got a parking ticket in New Britain....in Sep. Hooray!
So first, I filed a FOIA request asking for any records the hearing officer (HO) may rely upon ... got a response and examined the record provided (a book).
So today was the hearing date. I go in, set my video camera up and my audio recorder and notice that the HO has a second book !
FOIA violation alert. I had my first FOIA request with me, so I was prepared.
I also noted that they did not post an agenda for the meeting ~ another FOIA violation.
Prior to hearing the merits of the case, the HO agreed to have the Freedom of Information Commission to hear the FOIA violations prior to hearing the merits of the parking case.
While parking ticket (or any admin hearing) adjudication is not strictly under the 14th amendment (see Grimes v. Conservation Commission 243 Conn. 266; CT supreme court 1997) it must be fair. Asking for records used to rely on reaching a decision is required by our common law rights. And I specifically asked for such records via a FOIA request.
Now the HO's secretary did actually have an agenda ... but they never posted it. The HO stated that they post the schedule of their meetings and he thought that this was enough. But when I whipped out a FIC case decision and CGS Sec 1-225 I think he realized his assumption was incorrect.
He was a very nice man and I was pretty much toned down. I was not happy to see that 2nd book though, that was withheld by the city.
Now it would take the FIC a year to hear and rule on the case so I'll contact the city's corporate consul to see if they want to just dismiss the case. Why have them fix their FOIA issues? May be useful later.
So first, I filed a FOIA request asking for any records the hearing officer (HO) may rely upon ... got a response and examined the record provided (a book).
So today was the hearing date. I go in, set my video camera up and my audio recorder and notice that the HO has a second book !
FOIA violation alert. I had my first FOIA request with me, so I was prepared.
I also noted that they did not post an agenda for the meeting ~ another FOIA violation.
Prior to hearing the merits of the case, the HO agreed to have the Freedom of Information Commission to hear the FOIA violations prior to hearing the merits of the parking case.
While parking ticket (or any admin hearing) adjudication is not strictly under the 14th amendment (see Grimes v. Conservation Commission 243 Conn. 266; CT supreme court 1997) it must be fair. Asking for records used to rely on reaching a decision is required by our common law rights. And I specifically asked for such records via a FOIA request.
Now the HO's secretary did actually have an agenda ... but they never posted it. The HO stated that they post the schedule of their meetings and he thought that this was enough. But when I whipped out a FIC case decision and CGS Sec 1-225 I think he realized his assumption was incorrect.
He was a very nice man and I was pretty much toned down. I was not happy to see that 2nd book though, that was withheld by the city.
Now it would take the FIC a year to hear and rule on the case so I'll contact the city's corporate consul to see if they want to just dismiss the case. Why have them fix their FOIA issues? May be useful later.