FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Henry Kosinski and Richard H. Kosinski,

 

                                Complainants

 

                against                                   Docket #FIC 94-445

 

New Britain Housing Board of Appeals,

 

                                Respondent                          October 11, 1995

 

                The above-captioned matter was heard as a contested case on June 29, 1995, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with docket #FIC 94-413, Henry Kosinski and Richard H. Kosinski against New Britain Housing Board of Appeals.

 

                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 of complaint filed January 27, 1995, the complainants appealed to the Commission, alleging that the minutes of the respondent's October 26, 1994 meeting were fraudulent.

 

                3.             It is found that the respondent held a special meeting on October 26, 1994.

 

                4.             It is found that the notice of the respondent's October 26, 1994 meeting indicated that it would be held at 6:30 p.m. in room 308 of New Britain City Hall.

 

                5.             It is found that the 6:30 p.m. time specified in the notice of meeting was a mistake, and that meeting was to begin at 7:00.

 

                6.             It is found that the notice of the meeting included as an item of old business a matter concerning the complainant Henry Kosinski.

 

                7.             It is found that Henry Kosinski's property was subject to an investigation and enforcement action by the housing section of the New Brtain building department.

 

Docket #FIC 94-445             Page 2

 

                8.             It is found that Henry Kosinski, who was represented by the complainant Richard Kosinski, was contesting the alleged violations.

 

                9.             It is found that the respondent, together with three staff housing inspectors, convened on October 26, 1994 at 6:30 p.m. in a room other than the one announced in the notice of meeting.

 

                10.           It is found that the respondent routinely meets a half hour before its scheduled meetings to conduct so-called "briefing sessions" at which the housing inspectors brief the members of the respondent concerning the status of building inspections.

 

                11.           It is found that the respondent discussed at the briefing session, among other things, Henry Kosinski's property, including how to proceed with enforcing the correction of the alleged building code violations.

 

                12.           It is found that the respondent then, at the end of its briefing session, moved and convened its noticed special meeting at 7:00 p.m. in the announced room.

 

                13.           It is found that the acting chairman of the respondent announced at the onset of the 7:00 p.m. meeting that the matter concerning Henry Kosinski's property would be referred to housing court for prosecution.

 

                14.           It is found that the minutes of the October 26, 1994 7:00 p.m. meeting indicate in part:

 

                                Henry Kosinski, owner, represented by Atty. Richard H. Kosinski, for property at 295 High St. with numerous emergency violations to be corrected (smoke detectors installed throughout and electrical violations to be corrected).  Due to legal and constitutional questions raised by the owner's attorney, an affidavit was ordered for Housing Court.

 

                15.           The complainants maintain that the minutes are fraudulent because no affidavit was ordered for housing court.

 

                16.           The respondent concedes that the minutes are not accurate, although an affidavit was subsequently prepared by a staff housing inspector and submitted to the housing court prosecutor.

 

                17.           Section 1-19(a), G.S., provides in relevant part that each public agency "shall make, keep and maintain a record of the proceedings of its meetings."

 

Docket #FIC 94-445                                             Page 3

 

                18.           It is found that the minutes, which were not shown to have been approved by the respondent, constitute under the facts of this case an adequate record of the proceedings of the 7:00 p.m. October 26, 1994 meeting, even if they contain a mistake.

 

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

 

                1.             The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 11, 1995.

 

                                                                              

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 94-445                                             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:

Henry Kosinski

Richard Kosinski, Esq.

106 Farmington Avenue

New Britain, CT 06053

 

New Britain Housing Board of Appeals

c/o Daniel Healy, Esq.

Assistant City Attorney

City Hall - 27 West Main Street

New Britain, CT 06051

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission