The above-captioned matter was heard as a contested case on December 22, 1997, at which time the complainant and the respondents appeared, 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 respondents are public agencies within the meaning of § 1-18a(a), G.S.

        2. By letter dated October 20, 1997, and filed on October 22, 1997, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information Act by failing to file minutes concerning the meeting of the respondent Water Pollution Control Authority ("respondent Authority") held on May 5, 1997.

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

The votes of each member of any such public agency upon any issue before such public agency shall…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 the minutes of the respondent Authority for the meeting held on May 5, 1997 were not filed in the Town Clerk’s office and were not "available for public inspection" until October 3, 1997.

        5. It is also found that said minutes were late filed as a result of a back injury sustained by the secretary who normally prepared such minutes, and that said secretary was out of the office as a result of said injury from late February to Labor Day of 1997.

        6. It is concluded that the respondents violated § 1-21(a), G.S., by failing to make minutes available for public inspection within seven days of the May 5, 1997 meeting.

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

        1. Henceforth, the respondents shall file minutes on a timely basis.

        Approved by Order of the Freedom of Information Commission at its regular meeting of February 18, 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:
Carl F. Branciforte
6 Woodlawn Drive
Cromwell, CT 06416

Chairman, Cromwell Water Pollution Control Authority, Town of Cromwell;
22 Franklin Road
Cromwell, CT 06416

Cromwell Water Pollution Control Authority, Town of Cromwell
22 Franklin Road
Cromwell, CT 06416

__________________________

Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-332/FD/tcg/02181998