FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Deborah H. Kraft,

 

                        Complainant

 

            against                                                                          Docket #FIC 1997-169

 

Veronica Skerker, Consultant for Health

and AIDS Topics, State of Connecticut,

Department of Education

 

                        Respondent                                                      January 28, 1998

 

The above-captioned matter was heard as a contested case on October 16, 1997, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits 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(1), G.S., (§1-18a(a), G.S., prior to Oct. 1, 1997).

 

2.  It is found that by memorandum dated April 7, 1997, the assistant superintendent for curriculum and instruction of the Andover, Hebron, Marborough and Regional School District 8, (“assistant superintendent”) informed parents of Andover elementary school children of a meeting to be held on May 7, 1997 to discuss the Andover health curriculum (hereinafter “the meeting”).

 

3.  It is found that the meeting was held at the request of parents, and was attended by an invited panel, consisting of a teacher, a doctor, the respondent and the assistant superintendent (hereinafter “panel”).

 

4.  It is found that the panel discussed and addressed the questions and concerns of parents who attended the meeting.

 

5.  It is found that the complainant attended and tape recorded the meeting.

 

6.  It is found that at the end of the meeting the respondent noticed the complainant’s tape recorder, asked the complainant if she had tape recorded the meeting, and following the complainant’s acknowledgment that she had tape recorded the meeting, requested that the tape be given to her as she had not consented to her remarks being taped.

 

7.  It is found that the complainant, after consulting with an attorney present at the meeting, voluntarily handed over the tape to the respondent, who put the tape in her bag.

 

8.  It is found that the respondent later threw the tape in the garbage after realizing that portions of it had become unraveled in her bag.

 

9.  It is found that a few days following the respondent discarding the tape, the complainant’s attorney requested that the tape be provided to her, to which the respondent indicated that she had already discarded the tape.

 

10.  Having failed to receive the tape, the complainant, by letter dated June 2, 1997 and filed on June 4, 1997, appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying her the right to tape record the meeting.  The complainant requested that the commission impose a civil penalty upon the respondent.

 

11.  Section 1-18a(2), G.S., (1-18a(b), G.S., prior to Oct. 1, 1997), in relevant part provides:

 

"meeting" means any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public agency, and any communication by or to a quorum of a multimember public agency, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power.

 

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

 

At any meeting of a public agency which is open to the public, pursuant to the provisions of section 1-21, proceedings of such public agency may be recorded, photographed, broadcast or recorded for broadcast, subject to such rules as such public agency may have prescribed prior to such meeting, by any person or by any newspaper, radio broadcasting company or television broadcasting company.

 

13.  It is found that while the meeting was open to the public, it was not a hearing or proceeding of a public agency, or a convening of a quorum of a multimember public agency, or a communication by or to a quorum of a multimember public agency, within the meaning of §1-18a(2), G.S., (1-18a(b), G.S., prior to Oct. 1, 1997).

 

14.  It is therefore, concluded that the meeting was not a meeting within the meaning of §§1-18a(2), G.S., (1-18a(b), G.S., prior to Oct. 1, 1997), and 1-21a, G.S.

 

15.  At the hearing on this matter, the respondent indicated that the commissioner of education had instructed her that in the future she should permit taping of her comments made at meetings open to the public.

 

16.  Although the series of events leading to the destruction of the tape is indeed unfortunate, it is concluded that the respondent did not violate §1-21a, G.S.

 

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.

 

2.  The Commission applauds the position taken by the Commissioner of Education to permit taping of remarks made at meetings open to the public.

 

 

 

                Approved by Order of the Freedom of Information Commission at its regular meeting of January 28, 1998.

 

 

 

 

 

_________________________

Doris V. Luetjen

Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

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:

 

Deborah H. Kraft

c/o James A. Bundinetz

Pepe and Hazard

Goodwin Square

Hartford, CT 06103

 

 

Veronica Skerker, Consultant for Health and AIDS Topics,

State of Connecticut, Department of Education

c/o Thomas M. Fiorentino

55 Elm Street

P.O. Box 120

Hartford, CT 06141-0120

 

 

 

 

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

 

 

 

 

 

 

FIC1997-169/FD/tcg/01281998