FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Mary Ann Delaney Tuttle,

 

                                Complainant

 

                against                   Docket #FIC 94-437

 

Parker Memorial School Building Committee of the Tolland Town Council,

 

                                Respondent                          November 22, 1995

 

                The above-captioned matter was re-opened and heard as a contested case on October 12, 1995, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony 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 of complaint dated December 16, 1994 and filed with the Commission on December 19, 1994, the complainant appealed alleging that the respondent violated the Freedom of Information ("FOI") Act by:

 

                                a.  holding an unnoticed meeting on December 12, 1994;

 

                                b.  failing to provide the complainant and the public with notice of the December 12, 1994 meeting; and

 

                                c.  failing to have available on December 16, 1994, the minutes of the December 12, 1994 meeting.

 

                3.  Section 1-21(a), G.S., provides, in relevant part:

 

                                The meetings of all public agencies, except executive sessions as defined in subsection (e) of section 1-18a, shall be open to the public.

 

Docket #FIC 94-437                                                Page 2

 

                                The agenda of the regular meetings of every public agency... shall be available to the public and shall be filed, not less than twenty-four hours before the meetings to which they refer, in such agency's regular office or place of business or, if there is no such office or place of business, ...in the office of the clerk of such subdivision for any public agency of a political subdivision of the state ....

 

                                The votes of each member of any such public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken, which minutes shall be available for public inspection within seven days of the session to which they refer.

 

                4.  It is found that at the time the complainant filed her appeal she was a member of the respondent.

 

                5.   With respect to the allegations as described in paragraph 2a. and 2b., above, it is found that the respondent held a regular meeting on December 12, 1994 without providing notice of such meeting to the public and without filing an agenda of such meeting.

 

                6.  It is found that the complainant was not provided with notice of the December 12, 1994 meeting while other members of the respondent were provided with notice of the meeting by the town manager's office.

 

                7.  It is found that prior to the start of the December 12, 1994 meeting the superintendent of schools informed the respondent that he believed the meeting was improper as no notice had been given to the public.

 

                8.  It is found that certain decisions made by the respondent at the December 12, 1994 meeting were subsequently revisited and modified at a later meeting of the respondent held approximately two weeks following the December 12, 1994 meeting, which subsequent meeting the complainant was provided with notice.

 

                9.  With respect to the allegation as described in paragraph 2c., above, it is found that the respondent provided the complainant with a copy of the minutes of the December 12, 1994 meeting on December 19, 1994.

 

Docket #FIC 94-437                                                Page 3

 

                10.  With respect to the allegations as described in paragraph 2a. and 2b., above, it is concluded that the respondent violated 1-21(a), G.S., by holding an unnoticed meeting on December 12, 1994 and failing to file an agenda of such meeting.

 

                11.  With respect to the allegation as described in paragraph 2c., above, it is concluded that the respondent did not violate the minutes provision of 1-21, G.S., as it provided the complainant with the minutes of the December 12, 1994 meeting within seven days of such meeting.

 

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

 

                1.  Henceforth the respondent shall strictly comply with the provisions of the FOI Act, failing which civil penalties of up to $1000.00 may be imposed against the official directly responsible.

 

Approved by Order of the Freedom of Information Commission at its special meeting of November 22, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 94-437                                             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:

Mary Ann Delaney Tuttle

195 Old Post Road

Tolland, CT 06084

 

Parker Memorial School Building Committee of the Tolland Town Council

c/o Stephen Courtney, Chairman

21 Tolland Green

Tolland, CT 06084

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission