FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by |
FINAL DECISION |
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Nancy
Beardsley, Grant Lauer, and Barbara Pond, |
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Complainant |
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against |
Docket #FIC 2003-224 | |
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 and Commissioners,
City of Bristol; and Board of Parks Commissioners, City of Bristol, |
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Respondents |
February 25, 2004 | |
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The above-captioned
matter was heard as a contested case on December 17, 2003, at which time the
complainants and the respondents appeared, stipulated 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 2003-223; Nancy
Beardsley, Grant Lauer, Marilyn Delfino 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 dated 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 requiring them and other members of the public to sign an attendance
sheet at the respondent board’s May 21, 2003 meeting.
The complainants indicated that they were “interested in pursuing the
imposition of a civil penalty against the respondents.”
3.
Section 1-225(e), G.S.,
provides in relevant part that:
No
member of the public shall be required, as a condition to attendance at a
meeting of any such body, to register the member’s name, or furnish other
information, or complete a questionnaire or otherwise fulfill any condition
precedent to the member’s attendance.
4.
It is found that the
respondent board held a regular meeting on May 21, 2003, at which a secretary
from another agency substituted for the respondent board’s secretary to
record the minutes and perform other administrative tasks during that meeting.
5.
It is found that at
the May 21, 2003 meeting, the substitute secretary requested that the
complainants and other members of the public in attendance sign the attendance
sheet.
6.
It is found that the
substitute secretary did not indicate that signing the attendance sheet was
optional but rather lead the complainants to believe that signing it was
required.
7.
It is found that
while an attendance sheet was maintained at the May 21, 2003 meeting, no such
sheet has ever been maintained at any prior or subsequent meetings of the
respondent board.
8.
It is found that the
substitute secretary acted outside of the practice of the respondent board.
9.
Notwithstanding the
findings in paragraphs 7 and 8, above, it is concluded that the respondent
violated §1-225(e), G.S., by requiring the complainants and other members of
the public that attended the May 21, 2003 meeting to sign an attendance sheet
as a condition to attendance at such meeting.
10.
At the hearing on
this matter, the complainants indicated that they were no longer interest in
pursuing the imposition of a civil penalty against the respondents and the
Commission will take no further action in that regard.
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 provisions found in §1-225(e), G.S.
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
Barbara Pond
383 Woodland Street
Bristol, CT 06010
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 and
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/2003-224/FD/mes/03/02/2004