FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Eugene M. Stack, Jr.

 

                        Complainant

 

            against              Docket #FIC 93-1

 

Marlborough Association for Senior Housing,

 

                        Respondent                  February 24, 1993

 

            The above-captioned matter was heard as a contested case on February 1, 1993, at which time the complainant appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The respondent failed to appear as so ordered.

 

            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 this Commission on January 4, 1993, the complainant alleged that the respondent violated the provisions of the FOI Act by refusing him the right to tape record their public meetings.

 

            3.  It is found that on December 19, 1992, the respondent denied the complainant's prior written request that the respondent establish reasonable rules regarding non-interference with the conduct of the meeting so that he or his designee would be permitted to tape record the above-referenced meetings.

 

            4.  It is found that at the December 19 meeting, the only excuse provided by the respondent for its denial was the feeling of those members present that they would not be inclined to speak openly if they knew their words were to be recorded.

 

            5.  It is concluded that the respondent violated the provisions of 1-21a(a), G.S.

 

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

 

1.     The respondent shall immediately comply with the

2.      

Docket #FIC 93-1                               Page 2

 

provisions of 1-21a(a), G.S.

 

            2.  This Commission notes with strong disapproval the blatancy of the violation of the Freedom of Information Act that took place in the instant case.

 

            3.  The respondent shall provide to the town clerk of Marlborough a copy of the final decision in this case for posting for a period of thirty days.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 24, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 93-1                               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:

Eugen  M. Stack, Jr.

149 Cheney Road

Marlborough, CT 06447

 

Marborough Association for Senior Housing

P.O. Box 256

Marlborough, CT 06447

 

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission