FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Michael L. Quinn and Richard
F. Boyne III,
Complainants
against Docket
#FIC 88‑299
City of West Haven Offshore
Feasibility Advisory Committee,
Respondent November
9, 1988
The above‑captioned matter was heard as a contested
case on August 2, 1988, at which time the complainants 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:
1. The
respondent is a public agency within the meaning of §1‑18a(a), G.S.
2. By letter
dated June 20, 1988 the complainants made a request of the respondent for notices
of all meetings, pursuant to §1‑21c, G.S.
3. By letter
dated July 20, 1988 and filed with the Commission on July 25, 1988 the
complainants alleged that the respondent was scheduled to hold a regular
meeting on July 21, 1988, that the complainant Quinn did not receive a notice
of such meeting until July 20, 1988 and that the complainant Boyne had not, as
of July 20, 1988, received any notice of the meeting.
4. The
respondent held a regular meeting on July 21, 1988. The complainant Quinn attended the July 21, 1988 meeting but the
complainant Boyne did not.
5. Notice of
the respondent's July 21, 1988 regular meeting was mailed to the complainant
Quinn on July 15, 1988. The address to
which the notice was sent did not include Mr. Quinn's house number, although
the house number had been provided.
6. Notice of
the respondent's July 21, 1988 meeting was mailed to the complainant Boyne on
July 22, 1988.
Docket #FIC 88‑299 Page
Two
7. The
respondent concedes that, through an error, notices of its July 21, 1988
meeting were not sent to the complainants in a timely manner, in violation of
§1‑21c, G.S.
8. The
respondent claims that the notice to the complainant Boyne was prepared at the
same time as other notices mailed on July 15, 1988, but that a secretary failed
to collect it for mailing along with the other notices.
9. It is
found that the respondent's failure to mail notices in a timely manner,
compounded by its failure to include Mr. Quinn's house number when addressing a
notice to him, indicates a regrettable lack of respect for the requirements of
the Freedom of Information Act.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above‑captioned
complaint.
1. The
respondent forthwith shall act in strict compliance with the requirements of §1‑21c,
G.S. regarding notices of meetings.
2. The
Commission notes that because Mr. Quinn attended the July 21, 1988 meeting and
because Mr. Boyne received notice of the meeting through Mr. Quinn, the practical
effect of the respondent's violation of §1‑21c, G.S. was, in this
instance, minimal. The Commission
cautions the respondent, however, that future violations may not only have more
serious consequences, they will also subject the respondent to the possibility
of civil penalties.
Approved by order of the Freedom of Information
Commission at its special meeting of November 9, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission