FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Barbara Pike,
Complainant
against Docket
#FIC 95-110
Windsor Housing Authority and
the Board of Commissioners
for the Housing Authority of
the Town of Windsor,
Respondent February 14, 1996
The above-captioned matter was consolidated for
hearing with Docket #FIC 95-108, Pam Pickens v. Windsor Housing Authority
("authority") and the Board of Commissioners for the Housing
Authority of the Town of Windsor ("board"). The contested cases were heard on October 25, 1995, at which time
the complainant and the respondents appeared and presented testimony, exhibits
and argument on the complaint. The case
captions have been changed to accurately identify the respondents in these
matters.
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. It
is found that on October 11, 1994, the respondent board held a regular meeting
("October meeting"), at which a recommendation was made and
unanimously passed that:
It shall be the Policy [sic] of the [authority], that
no minutes will be released, as minutes of a[n] [authority] meeting, to any
individual (other than a [board member]) or group until these minutes have been
reviewed, corrected and approved by the [board] as a body. Failure to comply
with this procedure will be considered a serious breach of [authority] policy
....
3. It
is found that on March 27, 1995, the respondent board held a regular meeting
("March meeting"), at which votes were recorded and minutes were
taken.
Docket #FIC 95-110 Page
Two
4. It
is found that on April 4, 1995, the complainant hand-delivered a written
request for a copy of the minutes of the respondent board's March meeting
("March minutes").
5. It
is found that by reply letter dated April 5, 1995, the respondent authority
denied the complainant's request for the March minutes ("April
letter").
6. In
its April letter the respondent authority cited the respondent board's October
meeting, and the policy adopted at that meeting of not releasing minutes until
they had been "reviewed, corrected and approved by the [board] as a body." The respondent authority further advised the
complainant that the March minutes would not be available until the respondent
board's next regularly scheduled meeting of April 24, 1995, if at that time
"the [b]oard moves to approve [the] March [minutes]."
7. By
letter of complaint dated and hand-delivered to the Commission on April 10,
1995, the complainant appealed the respondent authority's denial of her records
request.
8. Section
1-21(a), G.S., in relevant part states that:
The votes of each member of any ... public agency
upon any issue before such 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 .... (Emphasis added.)
9. It
is found that the March minutes were not available for public inspection within
seven days of the March meeting.
10. It
is concluded that the respondents failed to record and file the minutes of the
March meeting in accordance with the provisions of 1-21(a), G.S.
11. It
is also concluded that the respondent board's policy as set forth in paragraph
2 of the findings, above, and the respondent authority's implementation of that
policy as described in paragraphs 5 and 6 of the findings, above, violate the
provisions of 1-15, 1-19(a), and 1-21(a), G.S.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
Docket #FIC 95-110 Page
Three
1. Forthwith,
the respondent authority shall provide the complainant with a copy of the March
minutes, free of charge.
2. Henceforth,
the respondent shall strictly comply with the requirements for filing, and
permiting public inspection and copying of the minutes of its meetings as set
forth in 1-21(a), 1-19(a), and 1-15, G.S.
3. The
Commission notes further that if "approved" minutes are unavailable
to the public within seven days of the date of the regular meeting to which
they refer, unapproved or draft minutes should be available to the public, and
clearly identified as such.
Approved by Order of the
Freedom of Information Commission at its regular meeting of February 14, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-110 Page
Four
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:
Barbara Pike
40 Henry Street, #29
Windsor, CT 06095
Windsor Housing Authority and
the Board of Commissioners for the Housing Authority of the Town of Windsor
c/o W. Herbert Reckmeyer, Esq.
Arnold & Associates
80 Cedar Street
Hartford, CT 06106
Elizabeth A. Leifert
Acting Clerk of the Commission