FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on December 17, 2003, at which time the complainants and the respondents appeared stipulate to certain facts and presented testimony, exhibits and argument on the complaint. 

 

For purposes of hearing, the above captioned matter was consolidated with Docket #s FIC 2003-221; Nancy Beardsley, Grant Lauer, and Barbara Pond v. John Fortunato, Philip Leary, and David Connelly, as members, Building and Maintenance Committee, Board of Parks Commissioners, City of Bristol; and Building and Maintenance Committee, Board of Parks Commissioners, City of Bristol; FIC 2003-222; Nancy Beardsley, Grant Lauer, Marilyn Delfino and Barbara Pond v. John Fortunato, Philip Leary, Cynthia Donovan, David Connelly, and Francis Mullins, as members, Board of Parks Commissioners, City of Bristol; Frank Nicastro, Sr., Chairman, Board of Parks Commissioners, City of Bristol; and Board of Parks Commissioners, City of Bristol, and FIC 2003-224; Nancy Beardsley, Grant Lauer, and Barbara Pond v. Frank Nicastro, Sr., Chairman, Board of Parks Commissioners, City of Bristol; John Fortunato, Philip Leary, Cynthia Donovan, David Connelly, and Francis Mullins, as members, Board of Parks Commissioners, City of Bristol; and Board of Parks Commissioners, City of Bristol.  Further, prior to the hearing in this matter, the complainants Cynthia Bill and Rich Armington withdrew their complaint in this matter and the caption above has been changed accordingly. 

 

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 June 9, 2003 and filed on June 11, 2003, the complainants appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by:

 

a.       including a false statement in their May 21, 2003 meeting minutes;

 

b.      failing to attach certain letters to the May 21, 2003 meeting minutes;

 

c.       including, in the public record, the names and comments of members of the public that spoke at the May 21, 2003 meeting regarding a certain matter; and

 

d.      tape recording the May 21, 2003 meeting.

 

The complainants indicated that they “were interested in pursuing the imposition of a civil penalty.”

 

3.      With respect to the complainants’ allegation described in paragraph 2a, above, it is found that the respondent board’s May 21, 2003 meeting minutes state that “Mayor Nicastro mentioned the dates and writer of the letters and said that all these letters were read at the last Parks Board meeting.”

 

4.      At the hearing on this matter, the complainants claimed that Mayor Nicastro’s statement that “all these letters were read at the last Parks Board meeting” is false because only some of the letters were read. 

 

5.      It is found however that meetings minutes that reflect a statement actually made at a meeting, whether or not such statements are false, do not violate the FOI Act; and it is concluded therefore that the respondent did not violate the FOI Act with respect to the allegation described in paragraph, 2a, above.

 

6.      With respect to the complainants’ allegations described in paragraph 2b, 2c and 2d, above, it is found that the complainants have not alleged a violation of the FOI Act.

 

7.      Based on the foregoing, the imposition of a civil penalty will not be considered in this matter.

 

 

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

 

            1.  The complaint is hereby dismissed.

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 25, 2004.

 

 

 

___________________________________

Dolores E. Tarnowski

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:

 

Nancy Beardsley

30 Page Avenue

Bristol, CT  06010

 

Grant Lauer

51 Moody Street

Bristol, CT  06010

 

Marilyn Delfino

3 Dewitt Drive

Bristol, CT  06010

 

Barbara Pond

383 Woodland Street

Bristol, CT  06010

 

Frank Nicastro, Sr., Chairman, Board

of Parks Commissioners, City of Bristol;

John Fortuno, Philip Leary, Cynthia

Donovan, David Connelly, and Francis

Mullins, as members, Board of Parks

Commissioners, City of Bristol; and

Board of Parks Commissioners, City of

Bristol

c/o Dean B. Kilbourne, Esq.

Office of Bristol Corporation Counsel

111 North Main Street

Bristol, CT  06010

 

 

___________________________________

Dolores E. Tarnowski

Clerk of the Commission

 

FIC/2003-223/FD/mes/03/02/2004