FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Complainant |
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against |
Docket #FIC 2000-314 |
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Judy
Neville, Chairperson, New |
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Respondents |
January 24, 2001 |
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The above-captioned matter was heard as a contested
case on August 15, 2000, at which time the complainant and the respondents
appeared, stipulated to certain facts and presented testimony, exhibits and
argument on the complaint. For
purposes of hearing, this case was consolidated with Docket #FIC 2000-366; Miriam
J. Masullo v. Judy Neville, Chairperson, New Canaan ad hoc Deer Committee,
Town of New Canaan; Jonathan Beitler; Carol Bauer; Charles Bryk; Bob Ker; Russ
Kinne; Roger Phillips; Nancy Sessions; Ruth Smithers, as members, New Canaan
ad hoc Deer Committee, Town of New Canaan; and New Canaan ad hoc Deer
Committee, Town of New Canaan.
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 §1-200(1),
G.S.
2. By letter dated June
15, 2000, and filed with the Commission on June 21, 2000, the complainant
alleged that the respondents violated the Freedom of Information (hereinafter
“FOI”) Act by failing to timely file minutes of a May 15, 2000, meeting of
the respondent committee; by conducting an illegal meeting on May 15, 2000;
and by conducting secret meetings. The
complainant requested the imposition of civil penalties against the
respondents. The complainant also
requested that the Board of Selectmen, Town of New Canaan, be reminded of its
responsibilities under the FOI Act.
3. It is concluded that the
complaint described in paragraph 2, above, does not sufficiently set forth
allegations of violations under the FOI Act, with respect to the manner in
which a May 15, 2000 meeting of the respondent [hereinafter “the
meeting”] was “illegal,” or when
and where alleged secret meetings of the respondent took place.
Accordingly, such portions of the complaint shall not be addressed
herein. It is also concluded that
the remedy sought by the complainant relating to the New Canaan Board of
Selectmen is not appropriate, since such board is not a named respondent in
this complaint.
4. With respect to the allegation concerning minutes, the Commission takes administrative notice of its Final Decision in Docket #FIC 1999-481; Sandra Ross and Miriam Masullo v. New Canaan ad hoc Deer Committee, Town of New Canaan (Feb. 9, 2000), in which the Commission ordered the respondent committee to strictly comply with the requirement to timely file its minutes, as required by §1-225(a), G.S., and to 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.
5. Section 1-225(a),
G.S., provides in relevant part:
…The…minutes of [a public
agency’s meeting]…shall be available for public inspection within seven
days of the session to which they refer….
6. Section 1-210(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….
7. It is found that the respondent committee does not maintain an office or place of business, within the meaning of §1-210(a), G.S.
8. It is found that the respondent committee did not hold a meeting on May 15, 2000. It is also found that the respondent committee held a properly noticed meeting on May 25, 2000, and that the minutes of such meeting, through error, indicated a meeting date of May 15, 2000. It is further found that such error caused the complainant to identify the meeting at issue herein as a May 15, 2000, meeting in the complaint.
9. It is found that the minutes of the respondent committee’s meeting of May 25, 2000, were not available for public inspection in the office of the New Canaan Town Clerk until June 6, 2000, which is more than seven days from such meeting date. At the hearing in this matter, the respondents conceded that the minutes of the May 25, 2000, meeting were late, but offered no reasonable explanation for such lateness. It is further found that the respondents relied on the respondent Charles Bryk to timely make available such minutes.
10. Section 1-206(b)(2), G.S., provides in relevant part that:
…upon the finding that a denial of any right created by the Freedom of Information Act was without reasonable grounds and after the custodian or other official directly responsible for the denial has been given an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, the commission may, in its discretion, impose against the custodian or other official a civil penalty of not less than twenty dollars nor more than one thousand dollars….
11. It is concluded that the respondents violated the FOI Act by failing to timely make available for public inspection the minutes of its May 25, 2000, meeting. Since the violation occurred only three months after the Commission’s order as described in paragraph 4, above, and since no reasonable explanation was offered for such violation, it is found that such violation was without reasonable grounds.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1.
The following respondent shall forthwith remit to this Commission a
civil penalty of $20.00: Charles Bryk, member, New Canaan ad hoc Deer Committee.
2.
Henceforth, the respondents shall strictly comply with the requirement
in §1-225(a),
G.S., to timely make available the minutes of the respondent committee.
3. Forthwith, the respondents shall amend the minutes of its May 25, 2000 meeting to correctly reflect the date of such meeting.
Approved by Order of the Freedom of Information Commission at its regular meeting of January 24, 2001.
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Petrea A. Jones
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:
Miriam
Masullo
108
Comstock Hill Road
New Canaan, CT 06840
Judy
Neville, Chairperson, New
Canaan,
ad hoc Deer Committee,
Town
of New Canaan; Jonathan
Beitler;
Carol Bauer; Charles Bryk;
Bob
Ker; Russ Kinne; Roger Phillips;
Nancy
Sessions; Ruth Smithers, as members,
New
Canaan ad hoc Deer Committee,
Town
of New Canaan; and New Canaan
ad
hoc Deer Committee, Town of New Canaan
c/o
Edward V. O'Hanlan, Esq.
Cummings
& Lockwood
Four
Stamford Plaza, PO Box 120
Stamford,
CT 06904
___________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2000-314/FD/paj/01/29/2001