FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Mary Ellen Marucci,
Complainant
against Docket
#FIC 88-179
Chairman, Building Committee of the New Haven Board of Education,
Building Committee of the New Haven Board of Education and Superintendentof
Schools of the City of New Haven,
Respondents September
14, 1988
The above-captioned
matter was heard as a contested case on July 5, 1988, 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:
1. The respondents are public agencies within
the meaning of §1-18a(a), G.S.
2. By letter dated May 10, 1988, the
complainant requested copies of minutes of all past meetings of the respondent
committee.
3. The complainant did not receive a response
to her request.
4. A copy of the complainant's May 10, 1988
letter was filed with the Commission as a letter of complaint on May 12, 1988,
in which the complainant alleged that the respondent committee violated the
Freedom of Information Act (hereinafter "FOIA") in that:
a. It
failed to provide her with personal notice of its meetings.
b. It
denied her access to its May 10, 1988 meeting.
Docket #FIC 88-179 Page 2
c. It
failed to provide her with copies of minutes of all past meetings.
5. The complainant also requested that the
respondent committee have a disinterested party record the minutes of its
meetings which are closed to the public and provide the public with notice of
its meetings.
6. By letter dated June 24, 1988 and filed with
the Commission on July 5, 1988, the complainant explained in detail that she
was denied access to the respondent committee's May 10, 1988 meeting.
7. The respondents claim that the respondent
committee permissibly convened in executive session at its May 10, 1988 meeting
under §§1-18a(e)(1) and 1-18a(e)(4), G.S.
8. The respondents also claim that there is no
provision in the FOIA requiring a public agency to employ a disinterested party
to record the minutes of a meeting that is closed to the public.
9. At the hearing, the respondents stated that
they would provide the complainant with copies of minutes of the respondent
committee meetings.
10. On or about March 10, 1988, the complainant
requested, in writing, the names and addresses of the respondent committee
members. The complainant wished to
contact the members for the purpose of discovering when the respondent
committee would be holding meetings.
11. It is found that the complainant failed to
file a written request to receive personal notice of the respondent committee
meetings within the meaning of §1-21c, G.S.
12. It therefore is concluded that the
respondent committee did not violate §1-21c, G.S., by failing to provide the
complainant with personal notice of its meetings.
13. It is found that on April 18, 1988, the
assistant superintendent informed two architectural firms that the respondent
committee would be reviewing their portfolios regarding the Magnet School
building project at its May 10, 1988 meeting.
Docket #FIC 88-179 Page 3
14. It is found that on May 10, 1988, the
representatives of the architectural firms indicated that they wished to
discuss their possible employment with the New Haven Board of Education in
executive session.
15. It is found that the respondent committee
held a meeting on May 10, 1988, at which it convened in executive session for
the stated purpose of discussing fees with the representatives from the two
architectural firms.
16. It is found that the respondents failed to
prove that the representatives from the architectural firms are public
employees or public officers within the meaning of §1-18a(e)(1), G.S.
17. It is found that the respondent committee
did not convene in executive session for a permissible purpose under
§1-18a(e)(1), G.S.
18. It is found that the respondents failed to
prove that the discussion in executive session related to the selection of a
site of real estate within the meaning of §1-18a(e)(4), G.S.
19. It also is found that the respondents failed
to prove that publicity of that site would likely result in an increased price
to the City of New Haven within the meaning of §1-18a(e)(4), G.S.
20. It further is found that the respondent
committee did not convene in executive session for a permissible purpose under
§1-18a(e)(4), G.S.
21. It therefore is concluded that the
respondents violated §1-18a(e) and 1-21(a), G.S., by convening in executive
session for an improper purpose.
22. It is found that the respondents failed to
respond in writing to the complainant's request for copies of minutes within
four business days, in violation of §1-21i(a), G.S.
23. It also is found that the complainant has
waited approximately eight weeks for an indication from the respondent
committee that they would provide her with copies of the requested minutes.
24. It therefore is concluded that the
respondents failed to provide the complainant with prompt access to the
requested minutes, in violation of §§1-15 and 1-19(a), G.S.
Docket #FIC 88-179
Page 4
25. It is found that there is no provision in
the FOIA requiring a public agency to employ a disinterested party to record
the minutes of a meeting that is closed to the public.
The following order by
the Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The respondents forthwith shall provide the
complainant with copies of minutes of the respondent committee's meetings
described in paragraph 2 of the findings, above.
2. Henceforth, the respondents shall act in
strict compliance with the requirements of §§1-15, 1-18a(e), 1-19(a), 1-21(a)
and 1-21i(a)G.S.
3. The respondents shall contact the Commission
to arrange for an educational workshop concerning the requirements of the
Freedom of Information Act. The
workshop shall be held within 60 days from the date the respondents receive
notice of the final decision in this matter.
The respondents are encouraged to invite all members of the New Haven
Board of Education to attend the workshop.
Approved by order of
the Freedom of Information Commission at its special meeting of September 14,
1988.
Catherine
H. Lynch
Acting
Clerk of the Commission