FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Gus Laskos,

 

                        Complainant,

 

            against              Docket #FIC 89-433

 

Derby Police Commission,

 

                        Respondent                  July 9, 1990

 

            The above-captioned matter was heard as a contested case on March 30, 1990, 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 and conclusions of law are reached:

 

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

 

            2.  By letter filed with the Commission on November 21, 1989, the complainant appealed to the Commission, alleging the respondent had no minutes of its meetings on file at that time.

 

            3.  The respondent claims that it had minutes on file, that it has no staff and must rely on the mayor's secretary to prepare its minutes, and that for several months this secretary was overworked due to a murder that occurred in the municipality.

 

            4.  It is found that on November 20, 1989, the complainant requested, in person at the town clerk's office, access to the minutes of the respondent's meetings.

 

            5.  It is found that the file for the respondent's minutes in the town clerk's office contained the minutes of only one of the respondent's meetings.

 

            6.  It is further found that the town clerk regularly files any minutes she receives from the respondent.

 

            7.  It is found that when the complainant returned to the town clerk's office on March 27, 1990, the minutes for six of the respondent's meetings were on file, but none of them had been received by the municipal clerk within the required time period.

 

Docket #FIC 89-433                           Page Two

 

            8.  It is concluded that the respondent violated 1-21(a), G.S., by failing to file minutes of all its meetings with the town clerk within seven days of each meeting.

 

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

 

            1.  The respondent henceforth shall act in strict compliance with 1-21(a), G.S., filing minutes for each of its meetings with the town clerk within seven days of the meeting.

 

            2.  All members of the respondent shall attend an educational workshop to be given by a Freedom of Information Commission staff attorney within 90 days of the mailing of the notice of final decision in this case.  The respondent shall invite in writing all members of the other municipal boards and commissions, all administrative municipal employees, the public, and the local press to attend this workshop.

 

Approved by order of the Freedom of Information Commission at its special meeting of July 9, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-433                           Page Three

 

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:

GUS LASKOS

17 North Avenue

Derby, CT 06418

 

DERBY POLICE COMMISSION

c/o Mario Garofalo, Chairman

City Hall

35 Fifth Street

Derby, CT 06418

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission