FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
|
In the Matter of a Complaint by |
FINAL DECISION |
||
|
Bradshaw Smith, |
|
||
|
|
Complainants |
|
|
|
|
against |
Docket #FIC 2001-473 | |
|
Chairman,
Capitol Region Council of
Governments; and Capitol Region Council of Governments, |
|
||
|
|
Respondent |
April 10, 2002 | |
|
|
|
|
|
The above-captioned matter was heard as a contested
case on January 15, 2002, at which time the complainant and the respondents
appeared 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 respondents are
public agencies within the meaning of §1-200(1),
G.S.
2.
By letter dated
October 9, 2001 and filed on October 15, 2001 the complainant appealed to this
Commission alleging that the respondents violated the Freedom of Information (“FOI”)
Act by “failing to call its September 10th, 12th, 13th,
19th, and 25th, 2001 and its October 2nd,
2001 meetings/proceedings in accordance with Chapter 14 of the Connecticut
General Statutes.”
3.
At the hearing on
this matter, the complainant explained that the respondents held meetings on
the 10th, 12th, 13th, and 19th of
September regarding a Bradley area transportation study in the towns of
Windsor, East Granby, Suffield, and Somers, respectively.
The complainant argued that the FOI Act requires a multi-town district
or agency such as the respondent council to file notice of the time and place
of each special meeting in the office of the clerk of each municipal member of
such multi-town district or agency. The
complainant argued that the respondents failed to make such filings in all 29
of its member towns and consequently violated the FOI Act.
4.
Section 1-225(d), G.S.,
provides in relevant part that:
[n]otice
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 Secretary of the State for any
such public agency of the state . . . and in the office of the clerk of each
municipal member for any multitown district or agency.
5.
It is found that the
respondent was established pursuant to §4-124c through 4-124i, G.S., and that
§4-124e, G.S., provides in relevant part that:
the
[regional] council shall adopt bylaws for the conduct of its business and
shall give such notice of the time and place of meetings and shall keep such
records of meetings as shall be set forth in the bylaws.
6.
It is found that
§4-124e, G.S., permits the respondent council to establish its own notice
requirements through its bylaws and that the specific provisions of §4-124e,
G.S., supercede the notice requirements of §1-225, G.S.
7.
It is found that the
respondent council’s policy, but not bylaws, provides that “a notice of
each committee or subcommittee meeting shall be filed with every town clerk’s
office [and] for studies or committees that involve only a few towns, the
notice shall be filed only with the town halls of the affected communities.”
8.
It is found that a
notice and an agenda were filed in accordance with the respondent council’s
policy and posted in each town affected by the actions of the committees prior
to each of the subject meetings.
9.
It is concluded
therefore that the respondents violated the FOI Act as alleged by the complainant, although they did
so in good faith based upon the advice of the Commission staff.
Based on the
foregoing, no order by the Commission is recommended .
Approved by Order of the Freedom of Information Commission at its regular meeting of April 10, 2002.
_______________________________________
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:
Chairman, Capitol Region
Council of Governments; and
Capitol Region Council of
Governments
c/o Richard J. Porth
Capitol Region Council
of Governments
241 Main Street
Hartford, CT 06106
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-473/FD/paj/4/11/2002