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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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Joseph
J. Mingo, |
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Complainants |
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against
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Docket #FIC 1999-389 |
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Middle
School Design Committee, |
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Respondents |
March
8, 2000 |
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The above-captioned matter was heard as a contested
case on December 15, 1999, 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 §1-200(1),
G.S. [formerly §1-18a(1),
G.S.].
2. By letter dated August
20, 1999, and filed with the Commission on August 23, 1999, the complaint
alleged that the respondent violated the Freedom of Information (hereinafter
“FOI”) Act by:
a) failing to post the agenda of its August 12, 1999, meeting at town
hall;
b) not recording the votes of each member in the minutes of its meetings of July 29, 1999, and July 15, 1999; and
c) not timely
filing at town hall the voting record of its members with respect to the
respondent’s meeting of August 12, 1999.
3. Section 1-225(a), G.S.
[formerly §1-21(a),
G.S.], provides in relevant part:
…The
votes of each member of any such 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…. The
agenda of the regular meetings of every public agency… shall be available to
the public and shall be filed, not less than twenty-four hours before
the meetings to which they refer, in such agency's regular office or place of
business or, if there is no such office or place of business, in the office of
the…in the office of the clerk of such subdivision for any public agency of
a political subdivision of the state….Notice of each special meeting of
every public agency…shall be given not less than twenty-four hours prior to
the time of such meeting by filing a notice of the time and place
thereof in the office of the…clerk of such subdivision for any public agency
of a political subdivision of the state…
The secretary or clerk shall cause any notice received under this
section to be posted in his office….
(Emphasis added).
4.
Section 1-210(a), G.S. [formerly §1-19(a),
G.S.], provides in relevant part:
…Each [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….
5.
It is concluded that §1-225(a),
G.S. [formerly §1-21(a),
G.S.], obligates public agencies to file notices of meetings with the
municipal clerk and obligates municipal clerks to post such notices.
Therefore, it is further concluded that the respondent did not violate
the FOI Act as alleged in paragraph 2a, above.
6.
It is found that the minutes of the respondent’s meetings of July 15,
1999 and July 29, 1999, do not indicate the individual votes of the members of
the
respondent at such meetings within the
meaning of §1-225(a),
G.S. [formerly §1-21(a),
G.S.]. Accordingly, it is
concluded that the respondent violated the FOI Act as alleged in paragraph 2b,
above.
7.
It is found that, although the respondent is a committee of the Board
of Selectmen, its regular office or place of business is located at the office
of the Superintendent of Schools in East Lyme.
8.
It is concluded that the FOI Act only requires that records of public
agencies be available at the municipal clerk’s office if a public agency
does not have a regular place of business.
Accordingly, it is further concluded that the respondent did not
violate the FOI Act as alleged in paragraph 2c, above.
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 fully comply with the requirement in §1-225(a), G.S. [formerly §1-21(a), G.S.], to record the individual votes of its members on each issue before the respondent.
Approved by Order of the Freedom of
Information Commission at its regular meeting of
March 8, 2000.
_________________________
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:
Joseph J. Mingo
397 Boston
Post Road
East Lyme, CT
06333
Middle School Design Committee, Board of Selectmen, Town of East Lyme
c/o Atty. Donald W. Strickland
Siegel, O’Connor, Schiff &
Zangari, PC
150 Trumbull Street
Hartford, CT
06103
__________________________
Melanie R. Balfour
Acting Clerk of
the Commission
FIC1999-389FD/mrb/03/10/00