FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
|
In the Matter of a Complaint by |
FINAL DECISION |
||
|
Mark S. D’Onofrio and Orange Police |
|
||
|
|
Complainant |
|
|
|
|
against |
Docket # FIC 2001-069 |
|
|
Pension Board, Town of Orange, |
|
||
|
|
Respondent |
April 25, 2001 |
|
|
|
|
|
|
The above-captioned matter was heard as a contested case on March 19, 2001, at which time the complainants and the respondent appeared and presented testimony, exhibits and argument on the complaint. For purposes of hearing, this case was consolidated with Docket #FIC 2001-092; Mark S. D’Onofrio and Orange Police Union, International Brotherhood of Police Officers, Local #349 v. Pension Board, Town of Orange.
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.
2. It is found that, by letter dated February 2, 2001, the complainants requested that the Orange Town Clerk provide them with a copy of the minutes of the January 18, 2001, meeting of the respondent. It is further found that such clerk was not in receipt of such minutes at that time.
4. By letter dated February 2, 2001, and filed with the Commission on February 5, 2001, the complainants alleged that the respondent violated the Freedom of Information [hereinafter “FOI”] Act by failing to file minutes of the January 18, 2001, meeting of the respondent with the Orange Town Clerk.
5. Section 1-225(a), G.S., provides in relevant part that 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.”
6. Section 1-210(a), G.S., provides in pertinent part that:
…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 does not keep a regular office or place of business within the meaning of §1-210(a), G.S.
8. It is found that the minutes of the respondent’s January 18, 2001, meeting were filed with the Orange Town Clerk on February 6, 2001.
9. At the hearing in this matter, the respondent stipulated that it violated the FOI Act by failing to timely file the minutes of its January 18, 2001, meeting with the Orange Town Clerk. Accordingly, it is concluded that the respondent violated §§1-225(a) and 1-210(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. Henceforth, the respondent shall strictly comply with the provisions of §§1-225(a) and 1-210(a), G.S.
2. The respondent is advised that meeting minutes must include at a minimum: the time, date and place of meeting, members present, and the individual votes of individual members on all actions taken.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 25, 2001.
_________________________________________
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:
Mark S. D'Onofrio and Orange
Police Union, International Brotherhood
of Police Officers, Local # 349
c/o Christopher M. Licari, Esq.
Licari & Walsh, LLC
105 Court Street
New Haven, CT 06511
Pension Board
Town of Orange
c/o Dean R. Singewald II, Esq.
Berchem, Moses & Devlin, PC
75 Broad Street
Milford, CT 06460
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-069/FD/paj/04/30/2001