The above-captioned matter was heard as a contested case on August 19, which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The case caption has been modified to reflect the appropriate affiliation of the respondent board.

	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. 

	2.   By letter dated May 19, 1998 and filed with the Commission on May 26, 
1998, the complainants alleged that the respondent violated the Freedom of Information 
(“FOI”) Act by:  

a)  not filing minutes of its regular meeting of May 5, 1998, at town hall 
within the time set by statute; and
b)  deciding a matter without reviewing a document relevant to such 
matter and not discussing such document during its regular meeting of 
May 5, 1998.

	3.   With respect to the allegations described in paragraph 2.b, above, the 
complainants have not alleged any activities by the respondent that would constitute 
violations of the FOI Act.  Accordingly, such allegations shall not be addressed herein.

	4.   With respect to the allegations described in paragraph 2.a, above, §1-21(a), 
G.S., in relevant part, provides:

…[t]he 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.

	5.   Section 1-19(a), G.S., in relevant part, provides:

…[e]ach [public] agency shall keep and maintain all public 
records in its custody at its regular office or place of business 
in an accessible place and, if there is no such office or place of 
business, the public records pertaining to such agency shall be 
kept in the office of the clerk of the political subdivision in 
which such public agency is located…

	6.   It is found that, on May 7, 1998, the complainants first requested the minutes 
of the respondent’s May 5, 1998 regular meeting at the office of the Scotland town clerk, 
and that the complainants next requested such minutes on May 14, 1998, from the first 
selectperson.  It is further found that such minutes were unavailable at town hall on both 
occasions.  

	7.   It is found, however, that the requested minutes were available at the office of 
the Scotland superintendent of schools on May 14, 1998.  It is further found that the 
complainants did not request such minutes of the respondent.  

	8.   It is also found that the requested minutes were delivered to the office of the 
town clerk on May 15, 1998.  However, based upon the evidence presented at the hearing 
on this matter, the Commission cannot conclude that the respondent was required to file 
such minutes with the town clerk under the provisions of §1-19(a), G.S.

	9.   Based upon the facts and circumstances of this case, it is concluded that the 
respondent did not violate §§1-21(a), and 1-19(a), G.S., as alleged in the complaint.  

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

	1.  The complaint is hereby dismissed.  

Approved by Order of the Freedom of Information Commission at its regular meeting of 
September 23, 1998.

_________________________
Melanie R. Balfour
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:

Ryan E. Roy and 
Beverly A. Roy
407 Brooklyn Turnpike
Hampton, CT 06246

Scotland Board of Education, 
Scotland Public Schools 
c/o Atty. Robert J. Murphy
Sullivan, Schoen, Campane & 
Connon, LLC
646 Prospect Avenue
Hartford, CT. 06105

__________________________
Melanie R. Balfour
Acting Clerk of the Commission

FIC1998-150FD/mrb09241998