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