FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by Report
of Hearing Officer
Richard J.
Branche,
Complainant
against Docket #FIC 91-393
Board of
Directors, Center Groton Fire District and Center Groton Fire District,
Respondents April 8, 1992
The above-captioned matter was
heard as a contested case on March 9, 1992, at which time the complainant and
the respondents appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint.
This case was consolidated for hearing with Docket #FIC 91-315 and
Docket #FIC 91-334.
After consideration of the
entire record, the following facts are found and conclusions of law are
reached:
1. The respondents are public agencies within the meaning of
1-18a(a), G.S.
2. By letter of complaint filed December 18, 1991 and
postmarked December 17, 1991, the complainant appealed to the Commission,
alleging that:
a. no agenda was
available for the respondent Board's November 20, 1991 meeting;
b. respondent
board members smoked at the November 20 meeting;
c. no voting
record or minutes of the November 20 meeting are available through the Groton
Town Clerk's office; and
d. several
subcommittee meetings take place during the month between regular meetings of
the respondent Board.
3. It is found that the respondent Board held a meeting on
November 20, 1991.
4. The Commission takes administrative notice of its
records and final decisions in Docket #FIC 91-261, Docket #FIC 91-266 and
Docket #FIC 91-287.
5. It is found that the respondents do not have a regular
office or place of business.
Docket #FIC
91-393 Page
2
6. It is also found that the respondents are located within
the Town of Groton.
7. With respect to the allegations described in paragraphs
2.a and 2.c, above, the respondents stipulated at the hearing that the agenda,
minutes and record of vote for the meeting held on November 20, 1991 were not
filed with the Groton Town Clerk.
8. It is concluded that the respondents violated
1-19(a) and 1-21(a), G.S., by failing to maintain and make available
the agenda, minutes and record of vote for the meeting held on September 18 and
25, 1991 with the Groton Town Clerk.
9. With respect to the allegation described in paragraph
2.d, above, it is found that the respondents in August, 1991 formed a
subcommittee to discuss by-law revisions, and that the subcommittee has met
since then and until at least February, 1992, between regular meetings of the
respondent board, without filing notices of its meetings with the Groton Town
Clerk.
10. It is concluded that the meetings described in paragraph
9, above, are unnoticed or secret meetings within the meaning of 1-21i(b),
G.S.
11. It is concluded that the respondents violated
1-21(a), G.S., when their subcommittee met without filing notices of its
meetings.
12. With respect to the the complainant's allegation described
in paragraph 2.b, above, it is concluded that the complainant has failed to
allege a violation of the Freedom of Information Act.
13. The Commission notes that the respondents indicated at the
hearing on Docket #FIC 91-261, Docket #FIC 91-266 and Docket #FIC 91-287 that
they failed to comply with the requirements of 1-19(a) and 1-21(a),
G.S., through inadvertence, and would comply with such requirements in the
future.
14. The Commission also notes that the complaint in this
matter was filed before the matters in Docket #FIC 91-261, Docket #FIC 91-266
and Docket #FIC 91-287 were heard as contested cases, and that the Commission
had not issued final decisions in those matters before the complaint in this
matter was heard.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
Docket #FIC
91-393 Page
3
1. With respect to the allegations described in paragraphs
2.a, 2.c, and 2.d of the findings, above, henceforth the respondents shall
strictly comply with the provisions of 1-19(a) and 1-21(a), G.S. Specifically, the respondents shall
forthwith and henceforth cause copies or the originals of all their public
records within the meaning of 1-18a(d) and 1-19(a), G.S., including
but not limited to records pertaining to previous and future meetings, to be
filed with the Groton Town Clerk, unless and until the respondents establish a
regular and accessible office or place of business. In addition, the respondents shall cause their subcommittees,
including but not limited to the bylaw revision subcommittee described in the
findings, above, to file notices of meetings with the Groton Town Clerk,
maintain minutes and records of votes with the Groton Town Clerk, and in all
respects to comply with the requirements of 1-19(a) and 1-21(a), G.S.
2. With respect to the allegation described in paragraph
2.b of the findings, above, the complaint is dismissed.
Approved by
Order of the Freedom of Information Commission at its regular meeting of April
8, 1992.
Debra
L. Rembowski
Acting
Clerk of the Commission
Docket #FIC
91-393 Page
4
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:
Richard J.
Branche
390 Hazelnut
Hill Road
Groton, CT 06340
Board of
Directors, Center Groton Fire District
Center Groton
Fire District
c/o Attorney
Ellen Brown Nicholas
Gianacoplos,
Johnson, Nicholas and Grater, P.C.
100 Fort Hill
Road
Groton, CT 06340
Debra
L. Rembowski
Acting
Clerk of the Commission