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 2000-366 |
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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 2000-314; 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. It is found that the respondent committee held a special meeting on June 15, 2000 [hereinafter “the meeting”].
3. By letter dated July 12, 2000, and filed with the Commission on July 14, 2000, the complainant alleged that the respondents violated the Freedom of Information (hereinafter “FOI”) Act:
a. by not filing and posting notice of the meeting in the office of the New Canaan Town Clerk;
b. by discussing business related to the National Audubon Society, which business was not on the meeting agenda; and
c. by not filing an appropriation vote held at the meeting within 48 hours.
As remedies, the complainant requested the imposition of civil penalties against the respondents, a declaration that the appropriation approved at the meeting be declared null and void, that the Board of Selectmen, Town of New Canaan, revisit the validity of all past activities of the respondent committee, and that the Attorney General, State of Connecticut be asked to investigate official misconduct in the Town of New Canaan.
4. Section 1-225(a)(d), G.S. [formerly §1-225(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…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…clerk shall cause any notice received under this section to be posted in his office…The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by such public agency….
5. Section 1-225(g), G.S. [formerly §1-225(b), G.S.], provides that:
[i]n determining the time within
which or by when a notice, agenda, record of votes or minutes of a special
meeting or an emergency special meeting are required to be filed under this
section, Saturdays, Sundays, legal holidays and any day on which the office of
the agency, the Secretary of the State or the clerk of the applicable
political subdivision or the clerk of each municipal member of any multitown
district or agency, as the case may be, is closed, shall be excluded.
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. 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.
8. With respect to the allegation described in paragraph 3.a, above, it is concluded that §1-225(d), G.S. [formerly §1-225(a), G.S.], obligates public agencies to file notices of special meetings with the municipal clerk and obligates municipal clerks to post such notices. Therefore, it is further concluded that the FOI Act does not require the respondents to post special meeting notices; rather, the law requires that the respondents timely file such notices.
9. It is found that the respondents timely filed notice of the meeting with the New Canaan Town Clerk on June 9, 2000, and that such notice included an agenda item for the appropriation described in paragraph 3.c, above. Accordingly, it is concluded that the respondents did not violate §1-225(d), G.S. [formerly §1-225(a), G.S.], as alleged in paragraph 3.a, above.
10. With respect to the allegation as described in paragraph 3.b, above, it is found that the notice described in paragraph 9, above, did not include an agenda item related to the National Audubon Society. It is further found that the minutes of the meeting indicate that the respondents discussed whether to invite a speaker from that organization to address the respondent committee at a later meeting.
11. Section 1-200(2), G.S., provides in relevant part that "meeting" shall not include:
…communication limited to notice of meetings of any public agency or the agendas thereof…
12. It is found that the discussion described in paragraph 10, above, was technically a communication limited to the agenda of a meeting within the meaning of §1-200(2), G.S., and therefore permissible within the meaning of §1-225(d), G.S [formerly §1-225(a), G.S.].
13. It is concluded, therefore, that the respondents did not violate §1-225(d), G.S. [formerly §1-225(a), G.S.], as alleged in paragraph 3.b, above. However, in keeping with the spirit of the FOI Act, the public would have been provided with notice in advance that such discussion would take place at the meeting had the respondents indicated such discussion on their agenda.
14. 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., and that therefore, it must keep and maintain all public records in the office of the New Canaan Town Clerk.
15. With respect to the allegation as described in paragraph 3.c, above, it is found that the meeting convened at 7:38 P.M. on Thursday, June 15, 2000. It is further found that forty-eight hours after such time occurred on a non-business day, which non-business day is excluding from determining the time within which or by when a record of votes and minutes of a special meeting are required to be filed, pursuant to §1-225(g), G.S. [formerly §1-225(b), G.S.]. It is found that the minutes of the meeting, which included all votes of such meeting, were made available for public inspection in the office of the New Canaan Town Clerk on Tuesday, June 20, 2000 at 10:30 A.M.
16. It is therefore concluded that, while the minutes of the meeting were timely made available for public inspection within the meaning of §1-225(a)(g), G.S. [formerly §1-225(a)(b), G.S., the votes of such meeting were not made available for public inspection within forty-eight hours. It is further concluded that the respondents violated §1-225(a), G.S., as alleged in paragraph 3.c, above.
17. The Commission declines to impose the remedies suggested by the complainant, as described in paragraph 3, above, since such remedies are either inappropriate for the facts and circumstances of this case or are outside the scope of the Commission’s jurisdiction.
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 strictly comply with the requirement in §1-225(a), G.S., to make available for public inspection the votes of the respondent committee’s special meetings within forty-eight business hours of such meetings.
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 J. 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 Standard Plaza, PO Box 120
Stamford, CT 06904
___________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2000-366/FD/paj/01/25/2001