FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Ethan Book, Jr. and New
England Energy Consultants,
Complainants
against Docket
#FIC 88-38
Town of Fairfield Ethics
Commission,
Respondent May
25, 1988
The above-captioned matter was heard as a contested case
on March 15, 1988, at which time the complainants and the respondent 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
respondent is a public agency within the meaning of §1-18a(a), G.S.
2. The
respondent held a meeting on November 30, 1987 concerning a complaint brought
by the complainant against Fairfield's first selectman.
3. On or
about November 20, 1987, Fairfield's first selectman had submitted a request to
the respondent that the meeting concerning the complaint against her be tape
recorded. Pursuant to such request,
counsel for the respondent operated a tape recorder during the November 30,
1987 proceedings.
4. By letter
dated January 2, 1988 the complainant made a request of the chairman of the
respondent for a copy of the tape recording of the November 30, 1987 meeting.
5. The complainant
received no response to his January 2, 1988 request.
6. By letter
of complaint filed with the Commission on February 2, 1988 the complainant
alleged that he had been denied access to the requested tape recording.
7. It is
found that subsequent to the filing of his complaint the complainant received
notice that the tape recording of the November 30, 1987 meeting was available
at the office of Fairfield's town clerk.
Docket #FIC 88-38 Page
Two
8. On or
about February 24, 1988 the complainant listened to the tape at the town
clerk's office and became aware that one side of the tape was recorded but that
the other side was, inexplicably, blank.
9. It is
found that through counsel's error in operating the recording equipment, the
portion of the November 30, 1987 meeting which followed completion of the first
full side of the cassette tape was not recorded.
10. It is
found that the respondent's failure to promptly provide access to the tape
recording of the November 30, 1987 meeting violated §§1-15 and 1-19(a), G.S.
11. It is
found, however, that as of the date of hearing the complainant had been
provided access to the entire tape recording, incomplete though it was, of the
November 30, 1987 meeting.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. The
respondent henceforth shall act in strict compliance with the requirements of
§§1-15 and 1-19(a), G.S. concerning prompt access to public records.
Approved by order of the Freedom of Information
Commission at its special meeting of May 25, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission