FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Beth V. Denton,
Complainant
against Docket
#FIC 88‑301
City of West Haven Offshore
Feasibility Advisory Committee,
Respondent November
9, 1988
The above‑captioned matter was heard as a contested
case on August 2, 1988, at which time the complainant 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. By letter
dated June 21, 1988 the complainant made a request of the respondent, pursuant
to §1‑21c, G.S., for notices of all meetings.
3. The
respondent held a regular meeting on July 21, 1988, notice of which was mailed
to the complainant on July 15, 1988.
The address to which the notice was mailed did not include the
complainant's house number, although the house number had been provided.
4. The
complainant received notice of the respondent's July 21, 1988 meeting on or
about July 19, 1988.
5. By letter
of complaint filed with the Commission on July 22, 1988 the complainant alleged
that the respondent failed to provide proper notice of the meeting, in
violation of §1‑21c, G.S.
6. At
hearing the complainant requested the imposition of a civil penalty against the
respondent, pursuant to §1‑21i(b), G.S., and that the respondent be
ordered to attend a workshop to educate its members concerning the Freedom of
Information Act.
7.
The
respondent concedes that, through an error, the notice of the July 21, 1988
meeting was not sent to the complainant in a timely manner, in violation of §1‑21c,
G.S.
Docket #FIC 88‑301 Page
Two
8. It is
found that the respondent's failure to mail notices in a timely manner,
compounded by its failure to include the complainant's house number when
addressing a notice to her, indicates a regrettable lack of respect for the
requirements of the Freedom of Information Act.
9. It is
found, however, that the fact that notices were sent at all indicates the
respondent's awareness of its responsibilities under the Freedom of Information
Act. Because the violation of §1‑21c,
G.S. was the result of an error, not ignorance of the law, the Commission
declines to order the respondent to attend a workshop, as requested by the
complainant.
10. The
Commission also declines to impose a civil penalty, as requested by the
complainant.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above‑captioned
complaint.
1. The
respondent forthwith shall act in strict compliance with the requirements of §1‑21c,
G.S. regarding notices of meetings.
2. The Commission
notes that because the complainant received notice of the respondent's July 21,
1988 meeting despite the late mailing and deficient address, the practical
effect of the respondent's violation of §1‑21c, G.S. was, in this
instance, minimal. The Commission
cautions the respondent, however, that future violations may not only have more
serious consequences, they will also subject the respondent to the possibility
of civil penalties.
Approved by order of the Freedom of Information
Commission at its special meeting of November 9, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission