FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Gregory M. Conte,

 

                        Complainant

 

            against              Docket #FIC 93-21

 

Legislative and Administrative Subcommittee of the Monroe Town Council,

 

                        Respondent                  July 28, 1993

 

            The above-captioned matter was heard as a contested case on May 28, 1993, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  By letter filed with this Commission on January 25, 1993, the complainant alleged that the respondent violated the provisions of 1-21, G.S., by waiting until December 30, 1992 to file the minutes of its September 7, 1992 meeting with the town clerk.

 

            3.  It is found that on December 30, 1992, the respondent filed minutes dated September 7, 1992 with the Monroe town clerk; however, those minutes actually refer to the respondent's meeting of September 8, 1992, as September 7 was the labor day holiday.

 

            4.  At the hearing into this matter, the respondent made a motion to dismiss the complaint on the basis that the respondent never actually denied the complainant the right to inspect its minutes of its September 8, 1992 meeting.

 

            5.  It is found that the complainant's practice is to request access to the respondent's minutes two or three times a month from the town clerk, and that he did so several times between September and December, 1992.

 

            6.  It is found that the September 8, 1992 minutes of the respondent were unavailable to the respondent at the town clerk's office when he made his requests as identified in

 

Docket #FIC 93-21                             Page 2

 

paragraph 5, above.

 

            7.  The respondent's motion to dismiss is accordingly denied.

 

            8.  It is concluded that the respondent's failure to have minutes of its September 8, 1992 meeting available for public inspection within seven days of its meeting constitutes a violation of 1-21(a), G.S.

 

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

 

            1.  The respondent shall henceforth strictly comply with the provisions of 1-21(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 28, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 93-21                             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:

Gregory M. Conte

136 Wheeler Road

Monroe, CT 06468

 

Legislative and Administrative Subcommittee of the Monroe Town Council

c/o Atty. Andrew V. McDonald

Pullman & Comley

850 Main Street

P. O. Box 7006

Bridgeport, CT 06601-7006

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission