FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Charles J. Cottle
Complainant,
against Docket
#FIC 87-245
Clerk, East Haven Board of
Education and East Haven Board of Education,
Respondents December
15, 1987
The above-captioned matter was heard as a contested case
on September 29, 1987, at which time the complainant and the respondents
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:
1. The
respondents are public agencies within the meaning of §1-18a(a), G.S.
2. By letter
dated August 28, 1987, and filed with the Commission on August 31, 1987, the complainant
appealed to the Commission, alleging that the respondents failed to file the
minutes of the respondent board's July 28, 1987, regular meeting and the record
of votes taken at its August 25, 1987, regular meeting within the required time
periods.
3. The
respondents claim both records were available to the public within the required
time periods.
4. It is found
that the respondent board's administration office is its regular place of
business.
5. It is found
that on August 10, 1987, the complainant requested in person that the
respondent board's director of finance provide him with the minutes of the
board's July 28, 1987 meeting.
6. It is found
that the director of finance had not yet received the minutes in the
administration office.
7. It is found
that it is the respondent board's practice to file its minutes at the town
clerk's office within seven days
Docket #87-245 Page
Two
of regular meetings, then
have a copy sent back to the administration office.
8. It is found
that the minutes of the respondent board's meetings are public records
pertaining to it.
9. It is
concluded, therefore, that the respondent board violated §1-19(a) and 1-21(a),
G.S., by not keeping and maintaining the minutes in its administration office
and by not having them available to the public there within seven days after
its meeting.
10. It is found
that on August 28, 1987, the complainant asked the East Haven town clerk to see
the record of votes taken at the respondent board's August 25, 1987, regular
meeting.
11. It is found
that the record of the votes was not available at the town clerk's office.
12. It is found,
however, that the voting record was available to the public at the respondent
board's administration office within the required forty-eight-hour time period.
13. It is
concluded that the respondents did not violate the §1-21(a), G.S., requirement
to make the record of votes taken at its meetings available to the public
within forty-eight hours.
14. Nonetheless,
it is found that in the past the respondents were not always consistent in
their filing practice or in their staff's explanation of it to members of the
public.
15. It is found,
therefore, that the public could be confused, as the complainant was, about
where to obtain the record of votes.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The respondent
board henceforth shall act in strict compliance with §§1-19(a) and 1-21(a), G.S.,
and shall maintain minutes of its meetings at its administration office and
make them available to the public there within seven days of each meeting.
2. The Commission
commends the respondent board for filing its minutes at the town clerk's office
and encourages it to
Docket #FIC 87-245 Page
Three
continue doing so, as long
as it also has them available for public inspection in the board's office
within seven days of each meeting.
3. The respondent
board forthwith shall inform the East Haven town clerk that all future requests
for the board's records of votes should be referred to the board's
administration office.
4. The respondent
board forthwith shall instruct its staff to explain clearly to members of the
public who request records of votes or minutes where and when they are filed.
5. The respondent
board forthwith shall provide each member of its administrative staff, as well
as the East Haven town clerk, with a copy of this decision.
Approved by order of the Freedom of Information
Commission at its special meeting of December 15, 1987.
Catherine
H. Lynch
Acting
Clerk of the Commission