FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Donald A. Moses,

 
  Complainant  
  against   Docket #FIC 2009-493

Planning and Zoning Commission,

Town of Hamden,

 
  Respondent April 14, 2010
       

 

The above-captioned matter was heard as a contested case on November 12, 2009, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  On November 10, 2009, the respondent filed a motion to dismiss this case pursuant to 1-206(b)(4), G.S.  On November 12, 2009, the complainant filed an opposition to the motion to dismiss.  On November 12, 2009, the respondent’s motion to dismiss this case was denied.

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 1-200(1), G.S.

 

2.      It is found that by letter dated August 24, 2009 and filed August 26, 2009, the complainant alleged that the respondent violated the Freedom of Information (“FOI”) Act by not timely filing meeting minutes.  Specifically, the complainant alleged that the respondent held a regular meeting on August 11, 2009, but did not make minutes for this meeting available until August 21, 2009.

 

3.      Section 1-225(a), G.S., provides that:

 

[t]he meetings of all public agencies, except executive sessions, as defined in subdivision (6) of section 1-200, shall be open to the public.  The votes of each member of any such public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken. Within seven days of the session to which such minutes refer, such minutes shall be available for public inspection and posted on such public agency’s Internet web site, if available.  Each such agency shall make, keep and maintain a record of the proceedings of its meetings.

4.      It is found that the respondent held a regular meeting on August 11, 2009.

5.      It is found that, on August 19, 2009, the complainant went to the Hamden town hall and attempted to obtain a copy of the August 11, 2009 meeting minutes, but the minutes were not yet available. 

6.      It is found that the minutes for the August 11, 2009 regular meeting were first made available on August 21, 2009—three days later than they should have been available for public inspection. 

7.      It is further found that the respondent freely acknowledged that the August 11, 2009 meeting minutes were not timely prepared.  In addition, it is found that the respondent offered into evidence the affidavit of the Town Clerk for the Town of Hamden, who averred that she has taken measures to ensure that, going forward, the minutes for the respondent’s meetings will be prepared within the timeframes mandated by the FOI Act.

8.      Based on the foregoing, it is concluded that the respondent violated the FOI Act by not having the meeting minutes available within seven days of the August 11, 2009 meeting, pursuant to 1-225(a), G.S.

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

 

            1.  No order is recommended in this case.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 14, 2010.

 

 

 

____________________________

Petrea A. Jones

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:

 

Donald A. Moses

107 Tanglewood Drive

Hamden, CT 06518

 

Planning and Zoning Commission,

Town of Hamden

c/o Susan Gruen, Esq.

Office of the Town Attorney

Town of Hamden

2750 Dixwell Avenue

Hamden, CT 06518

 

 

 

____________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2009-493FD/paj/4/19/2010