FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION
Marlin James Lively,  
  Complainants  
  against   Docket #FIC 2002-009

Mary Moran, Chairman, Police

Commission, Town of Trumbull;

John Riordan, James McNamara,

Lino Constantini, David Wilson,

as Members, Police Commission,

Town of Trumbull; and Police

Commission, Town of Trumbull,

 
  Respondents December 11, 2002
       

 

The above-captioned matter was heard as a contested case on September 4, 2002, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, this case was consolidated with Docket #FIC 2002-008; Marlin James Lively v. Mary Moran, Chairman, Police Commission, Town of Trumbull; John Riordan; James McNamara; Lino Constantini; David Wilson, as members, Police Commission, Town of Trumbull; and Police Commission, Town of Trumbull.

 

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 of complaint dated December 27, 2001, and filed with the Commission on January 7, 2002, the complainant alleged that the respondents violated the Freedom of Information [hereinafter “FOI”] Act by failing to make available accurate motions and votes of a December 12, 2001 meeting of the respondent within forty-eight hours.  Specifically, the complainant alleged that the record of votes does not include the vote to adjourn such meeting. The complainant requested that all actions taken at the December 12, 2001, meeting of the respondent commission be declared null and void.  

 

 

 

3.  Section 1-225(a), G.S., provides, in relevant part:

 

[t]he 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.” 

 

4.  The Commission takes administrative notice of the record and final decision in Docket #FIC 2002-008; Marlin James Lively v. Mary Moran, Chairman, Police Commission, Town of Trumbull; John Riordan; James McNamara; Lino Constantini; David Wilson, as members, Police Commission, Town of Trumbull; and Police Commission, Town of Trumbull.

 

5.  It is found that the respondent commission held a regular meeting on December 12, 2001, and that the record of votes of such meeting was made available on December 18, 2001.  It is also found that such record fails to indicate the vote to enter the first executive session, and the vote to adjourn the meeting.  Accordingly, it is concluded that the respondents violated §1-225(a), G.S., by failing to timely make available such record within forty-eight hours. 

 

6.  The Commission declines to declare null and void the actions taken by the respondent commission at its December 12, 2001, meeting.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1.  The respondent commission shall forthwith amend its meeting minutes of December 12, 2001, to accurately reflect the vote to convene in the first executive session, and the vote to adjourn such meeting.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 11, 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:

 

Marlin James Lively

c/o Thomas E. Minogue, Jr., Esq.

2425 Post Road

Southport, CT 06490

 

Mary Moran, Chairman, Police

Commission, Town of Trumbull;

John Riordan, James McNamara,

Lino Constantini, David Wilson,

as Members, Police Commission,

Town of Trumbull; and Police

Commission, Town of Trumbull

c/o Vito Mazza, Esq.

PO Box 542

Trumbull, CT 06611

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2002-009/FD/paj/12/12/2002