FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Frank Longo,

 

                        Complainant

 

            against              Docket #FIC 89-312

 

Mayor of Bristol's Birge-Pond-Hoppers Study Committee,

 

                        Respondent                  March 14, 1990

 

            The above-captioned matter was heard as a contested case on January 23, 1990, at which time the complainant appeared, stipulated to certain facts and presented testimony and argument on the complaint.  The respondent failed to appear at the hearing into this matter.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  By letters dated July 24, 1989, the complainant requested of the respondent as well as the Bristol Town Clerk, copies of any and all minutes taken at the meetings of the Mayor's Hoppers Study Committee (hereinafter "study committee").

 

            3.  By letter filed with this Commission on July 27, 1989, the complainant appealed the respondent's denial of his request.

 

            4.  It is found that the "hoppers" is a parcel of land owned by the city of Bristol and that study committee members were appointed by the mayor and approved by the city council.

 

            5.  It is found that the study committee first convened in July of 1988.

 

            6.  It is concluded that the gatherings of the study committee constituted meetings within the meaning of 1-18a(b), G.S.

 

            7.  It is found that although one member of the respondent provided the complainant with a letter attempting to reconstruct events at prior meetings in response to a telephone inquiry by the complainant, no minutes were ever taken of the meetings of the study committee.

 

Docket #FIC 89-312                           Page 2

 

            8. It is concluded that the respondent violated 1-21(a), G.S. by failing to keep minutes of its meetings.

 

            9.  The complainant submits that each member of the respondent should be required to submit an "historical perspective" of the respondent's meetings.

 

            10.  It is concluded that the Freedom of Information Act does not require members of a public agency to submit individual minutes or "historical perspectives" of their meetings.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.  Henceforth, the respondent shall act in strict compliance with the requirements of 1-21(a), G.S., regarding the recording of proper minutes and the filing of these minutes within the appropriate time period.

 

Approved by order of the Freedom of Information Commission at its regular meeting of March 14, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-312                           Page 3

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

FRANK LONGO

12 Mossa Drive

Bristol, CT  06010

 

MAYOR, BRISTOL BIRGE-POND-HOPPERS STUDY COMMITTEE

c/o MARK FERRARO

111 North Main Street

Bristol, CT  06010

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission