FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Mary Ellen Marucci,
Complainant
against Docket
#FIC 88‑320
New Haven Board of Education
and Building Committee of the New Haven Board of Education,
Respondents December
14, 1988
The above‑captioned matter was heard as a contested
case on October 3, 1988, 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
of complaint dated and filed with the Commission on August 5, 1988 the
complainant alleged that the respondent committee violated the notice and
minutes requirements of the Freedom of Information Act with respect to meetings
held May 10, June 16, June 30 and July 7, 1988.
3. At
hearing, the complainant narrowed her complaint to eliminate allegations
concerning the May 10, 1988 meeting, that meeting having been the subject of a
previously‑filed complaint, Docket #FIC 88‑179.
4. Also at
hearing the complainant requested that the actions taken by the respondent
committee at its June 16, June 30 and July 7, 1988 meetings be declared null
and void.
5. It is
found that the respondent committee's June 16 and June 30, 1988 meetings were
held more than 30 days prior to the filing of the complainant's complaint.
Docket #FIC 88‑320 Page
Two
6. It is
found, however, that notice of the respondent committee's June 16, 1988 meeting
was not filed with the New Haven city clerk until June 17, 1988 and that notice
of its June 30, 1988 meeting was not filed until July 1, 1988.
7. The
respondents failed to prove that the respondent committee's June 16 and June
30, 1988 meetings were otherwise properly noticed, as required by §1‑21(a),
G.S.
8. It is
concluded that the respondent committee's June 16 and June 30, 1988 meetings
were unnoticed meetings within the meaning of §1‑21i(b), G.S.
9. It is
further found that it was not until July 7, 1988 that the complainant received
notice in fact that the June 16 and June 30, 1988 meetings had been held.
10. It is
therefore concluded, pursuant to §1‑21i(b), G.S., that the complaint was
timely filed with respect to the respondent committee's June 16 and June 30,
1988 meetings.
11. It is
further concluded that the respondent committee violated §1‑21(a), G.S.
when it failed to provide notice to the public of its June 16 and June 30, 1988
meetings.
12. It is
further found that notice of a July 7, 1988 meeting of the respondent
committee, to be held at 4:30 p.m., was filed with the city clerk at 11:05 a.m.
on July 7, 1988.
13. It is
concluded that the respondent committee violated §1‑21(a), G.S. when it
failed to provide notice of its July 7, 1988 meeting at least 24 hours prior to
the time of the meeting.
14. It is
found that the respondent committee failed to make available to the public,
within 7 days, minutes of its June 16, June 30 and July 7, 1988 meetings, in
violation of §1‑21(a), G.S.
15. As of the
date of hearing, minutes of the June 30 and July 7, 1988 meetings had been made
available to the public, but minutes of the June 16, 1988 meeting were still
unavailable.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above‑captioned
complaint.
1. The
respondent committee, within three days of the Final Decision in this matter,
shall provide to the complainant, and make available for public inspection,
minutes of its June 16, 1988 meeting.
Docket #FIC 88‑320 Page
Three
2. The
respondent committee henceforth shall act in strict compliance with the terms
of §1‑21(a), G.S. regarding notices and minutes of meetings. Failure to so comply in the future will
subject the respondent committee and each of its members directly responsible
for the denial of a right guaranteed by the Freedom of Information Act to the
possible imposition of civil penalties of up to $1,000.
3. The
Commission declines to declare null and void the actions of the respondent
committee at its June 16, June 30 and July 7, 1988 meetings.
Approved by order of the Freedom of Information
Commission at its special meeting of December 14, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission