FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Old Stone Road Association,
against Docket #FIC 88-498
Town of Darien, First Selectman of the Town of Darien, Town Clerk of the Town of Darien and Secretary of the Representative Town Meeting of the Town of Darien,
Respondents December 18, 1989
The above-captioned matter was heard as a contested case on January 31, 1989, at which time the complainant and the respondents appeared, stipulated to certain facts 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 1-18a(a), G.S.
2. It is found that a regular meeting of the Darien Representative Town Meeting (the "RTM") commenced at approximately 8:15 p.m. on December 12, 1988 and concluded at approximately 12:05 a.m. on December 13, 1988.
3. By letter of complaint dated December 22, 1988 and filed with the Commission on December 23, 1988, the complainant appealed to the Commission, alleging that the respondents failed to post a notice of adjournment of the RTM meeting, failed to record and make available to the public within 48 hours of the meeting the votes cast at the RTM meeting, and failed to make available to the public within seven days of the meeting the minutes of the meeting. The complainant requested that the Commission impose civil penalties against the respondents, and declare null and void the actions taken at the RTM meeting.
4. With respect to the allegation concerning the absence of a notice of adjournment, it is concluded that 1-21d, G.S., does not require the posting of a notice of adjournment where the meeting is concluded and not adjourned to another time and place.
Docket No. FIC 88-498 Page 2
5. It is concluded therefore that the respondents did not violate 1-21d, G.S., by failing to post a notice of adjournment at the conclusion of the RTM meeting.
6. With respect to the allegation concerning the record of vote, it is found that the votes of each member of the RTM were reduced to writing and made available for public inspection at 8:30 a.m. on December 13, 1988.
7. It is concluded therefore that the respondents did not violate 1-21(a), G.S., with respect to the record of vote of the RTM meeting.
8. With respect to the allegation concerning the minutes of the meeting, it is found that some portions of the minutes were taken in shorthand or speedwriting and that complete transcribed minutes were not filed with the town clerk until December 28, 1988.
9. It is concluded, therefore, that the respondents violated 1-21(a), G.S., by failing to make the minutes of the RTM meeting available for public inspection within seven days of the meeting.
10. It is also found that the respondent town clerk did make a special effort to provide the complainant on December 20, 1988 with a transcription of those portions of the RTM meeting minutes of concern to the complainant, and that the respondents have changed their procedure for transcribing RTM minutes to avoid a repetition of the delay that occured in this matter.
11. Under the circumstances of this case, the Commission in its discretion declines to impose a civil penalty against any of the respondents or to declare null and void any actions taken at or as a result of the meeting.
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 act in strict compliance with the minutes requirements of 1-21(a), G.S.
Approved by order of the Freedom of Information Commission at its special meeting of December 18, 1989.
Karen J. Haggett
Clerk of the Commission
Docket No. FIC 88-498 Page 3
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:
OLD STONE ROAD ASSOCIATION
c/o Ridgely W. Brown, Esquire
Brown & Brown
P.O. Box 1205
Darien, CT 06620
TOWN OF DARIEN, FIRST SELECTMAN OF THE TOWN OF DARIEN, TOWN CLERK OF THE TOWN OF DARIEN AND SECRETARY OF THE REPRESENTATIVE TOWN MEETING OF THE TOWN OF DARIEN
c/o Randolph T. Lavallo, Esquire
Curtis, Brinckerhoff & Barrett
666 Summer Street
Stamford, CT 06901
Karen J. Haggett
Clerk of the Commission