FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Nancy Beardsley, Grant Lauer,

and Barbara Pond,

 

Complainant

 

 

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,

 

 

Respondents

February 25, 2004

 

 

 

 

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