FREEDOM OF INFORMATION COMMISSION
|In the Matter of a Complaint by||FINAL DECISION|
|Ryan E. Roy and Beverly A. Roy,|
|against||Docket #FIC 1998-150|
|Scotland Board of
Scotland Public Schools,
|Respondents||September 23, 1998|
The above-captioned matter was heard as a contested case on August 19, which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The case caption has been modified to reflect the appropriate affiliation of the respondent board.
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(1), G.S.
2. By letter dated May 19, 1998 and filed with the Commission on May 26, 1998, the complainants alleged that the respondent violated the Freedom of Information (FOI) Act by:
a) not filing minutes of its regular meeting of May 5, 1998, at town hall within the time set by statute; and b) deciding a matter without reviewing a document relevant to such matter and not discussing such document during its regular meeting of May 5, 1998.
3. With respect to the allegations described in paragraph 2.b, above, the complainants have not alleged any activities by the respondent that would constitute violations of the FOI Act. Accordingly, such allegations shall not be addressed herein.
4. With respect to the allegations described in paragraph 2.a, above, §1-21(a), G.S., in relevant part, provides:
[t]he votes of each member of any such public agency upon any issue before such public agency shall be recorded in the minutes of the session at which taken, which minutes shall be available for public inspection within seven days of the session to which they refer.
5. Section 1-19(a), G.S., in relevant part, provides:
[e]ach [public] agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located
6. It is found that, on May 7, 1998, the complainants first requested the minutes of the respondents May 5, 1998 regular meeting at the office of the Scotland town clerk, and that the complainants next requested such minutes on May 14, 1998, from the first selectperson. It is further found that such minutes were unavailable at town hall on both occasions.
7. It is found, however, that the requested minutes were available at the office of the Scotland superintendent of schools on May 14, 1998. It is further found that the complainants did not request such minutes of the respondent.
8. It is also found that the requested minutes were delivered to the office of the town clerk on May 15, 1998. However, based upon the evidence presented at the hearing on this matter, the Commission cannot conclude that the respondent was required to file such minutes with the town clerk under the provisions of §1-19(a), G.S.
9. Based upon the facts and circumstances of this case, it is concluded that the respondent did not violate §§1-21(a), and 1-19(a), G.S., as alleged in the complaint.
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 September 23, 1998.
_________________________ Melanie R. Balfour Acting 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:
Ryan E. Roy and Beverly A. Roy 407 Brooklyn Turnpike Hampton, CT 06246
Scotland Board of Education, Scotland Public Schools c/o Atty. Robert J. Murphy Sullivan, Schoen, Campane & Connon, LLC 646 Prospect Avenue Hartford, CT. 06105
__________________________ Melanie R. Balfour Acting Clerk of the Commission