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