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FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Sandra Ross and Miriam Masullo, |
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Complainants |
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against
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Docket
#FIC 1999-481 |
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New Canaan ad hoc Deer Committee, |
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Respondents |
February
9, 2000 |
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The above-captioned matter was
heard as a contested case on December 22, 1999 at which time the complainants
and the respondent appeared, stipulated to certain facts and presented
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 §1-200(1), G.S.
[formerly §1-18a(1), G.S.]
2. By letter dated October 11, 1999 and filed with the Commission on October 12, 1999, the complainants alleged that the respondent violated the Freedom of Information [hereinafter “FOI”] Act by failing to file with the New Canaan Town Clerk minutes of meetings or statements of financial support, and by entering into an executive session on August 26, 1999, without a prior vote. The complainants requested that the respondent be dissolved and that all its actions be declared null and void.
3. It is concluded that, pursuant to §1-206(b)(1), G.S. [formerly §1-21i(b)(1), G.S.], the Commission lacks jurisdiction over the alleged violation related to the August 26, 1999, meeting of the respondent, since the complainants’ appeal was filed more than thirty days after such alleged violation.
4. Section 1-225(a), G.S. [formerly §1-21(a),
G.S.], provides in relevant part:
[t]he votes of each member of any …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….
5. Section 1-210(a), G.S. [formerly §1-19(a),
G.S.], provides in relevant part:
Each … 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…Each such agency shall make, keep and maintain a record of the proceedings of its meetings.
6. It is found that the New Canaan Board of Selectmen confirmed the appointment of the respondent on or about September 18, 1998, and that the respondent became a public agency as of such date.
7. It is found that minutes of the respondent’s meetings of January 21, 1999, May 27, 1999, June 30, 1999, and August 26, 1999, were not filed with the New Canaan Town Clerk until October 19, 1999, or thereafter.
8. It is therefore concluded that the respondent violated §§1-225(a) and 1-210(a), G.S. [formerly §§1-21(a) and 1-19(a), G.S.], by failing to have available for public inspection within seven days of the meetings described in paragraph 7, above, the minutes of such meetings and by failing to timely file minutes of its meetings with the town clerk.
9. The Commission takes this opportunity to remind the respondent that, pursuant §1-210(a), G.S. [formerly §1-19(a), G.S.], any public agency which does not maintain a regular place of business that is accessible to the public must keep the existing records of such agency in the office of the local town clerk.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. Henceforth, the respondent shall strictly comply with the requirement to timely file its minutes, set forth in §1-225(a), G.S. [formerly §1-21(a), G.S.]
2. If it has not already done so, the respondent shall make available its public records in its regular place of business, which place shall be accessible to the public, or, in the alternative, in the office of the New Canaan Town Clerk, in accordance with the provisions of §1-210(a), G.S. [formerly §1-19(a), G.S.]
3.
The respondent shall forthwith cause a copy of this final decision to
be posted in the New Canaan Town Hall for a period of 30 days in a conspicuous
place.
Approved by Order of the Freedom of Information Commission at its regular meeting of
February 9, 2000.
________________________
Ann B. Gimmartino
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:
Sandra Ross
100 Smithridge Road
New Canaan, CT 06840
Miriam Masullo
108 Comstock Hill Road
New Canaan, CT 06840
New Canaan ad hoc Deer Committee,
Town of New Canaan
c/o John W. Cannavino, Esq.
Cummings & Lockwood
Four Stamford Plaza
P.O. Box 120
Stamford, CT 06904-0120
__________________________
Ann B. Gimmartino
Acting Clerk of the Commission
FIC1999-481FD/mes/02152000