FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
David Roane,
Complainant
against Docket
#FIC 88‑310
Chairman, Portland Housing Authority and Portland Housing Authority,
Respondents November
30, 1988
The above‑captioned
matter was heard as a contested case on September 19, 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 findings of fact are made and conclusions of
law are reached:
1. The respondents are
public agencies within the meaning of §1‑18(a), G.S.
2. By letter dated
June 28, 1988, the complainant made a request of the respondent authority for:
a. a list of all members of the respondent
authority's board of commissioners,
b. copies of all notices published relative
to the hiring of an executive director for the respondent authority.
c. copies of all notices of a meeting of the
respondent authority's board of commissioners held on May 17, 1988.
d. copies of all notices of the executive
session of the respondent authority's board of commissioners held on May 17,
1988.
e. copies of all resumes for the position of
executive director for the respondent authority received, showing the time
stamp of receipt.
Docket #FIC 88‑310 Page 2
3.
By complaint dated July 29, 1988 and filed with the Commission on August 1,
1988, the complainant alleged that his June 28, 1988 request had been denied
and that the respondent authority's board of commissioners met in executive
session on May 17, 1988 without proper notice.
4.
At the hearing, the complainant acknowledged receipt of a letter from the
respondent authority dated August 18, 1988 to which was appended the records
requested in paragraphs 2a and 2b above, and which stated that no public
meeting or executive session was held on May 17, 1988.
5.
At the hearing, the complainant acknowledged receipt of records in response to
the request described in paragraph 2e above.
6.
It is found that respondents failed to provide any of the documents requested
by the complainant until approximately seven weeks after the request described
in paragraph 2 above.
7.
It is concluded that the respondent authority failed to provide to the
complainant promptly upon request copies of the records described in paragraphs
2a, 2b and 2e above, in violation of §§1‑15 and 1‑19(a), G.S.
8.
At the hearing, the respondent moved to dismiss that portion of the complaint
pertaining to an alleged May 17, 1988 executive session on the grounds that no
such executive session was held.
9.
It is found that the complainant failed to prove that any public meeting or
executive session was held by the respondent on May 17, 1988.
10.
It is found, however, that the respondent housing authority held a meeting on
May 10, 1988, during which meeting applicants for the position of executive
director of the respondent housing authority were discussed in executive
session and a decision was reached to offer the position to an applicant other
than the complainant.
11.
It is concluded that the complaint in this case fairly apprised the respondent
of an alleged violation of the Freedom of Information Act with respect to the
executive session held on May 10, 1988.
12.
It is also found that the complainant received actual notice of the occurrence
and actual subject of the May 10, 1988 executive session sometime during the
third week of May, 1988.
13. It is concluded, therefore,
that the complainant failed to file his complaint within 30 days of actual
notice of the May 10, 1988 executive session.
Docket #FIC 88‑310 Page 3
14.
It is concluded, therefore, that the Commission lacks jurisdiction over the
portion of the complaint concerning the executive session alleged to have been
held on May 17, 1988 and actually held on May 10, 1988.
The
following order by the Commission is hereby recommended on the basis of the
record concerning the above‑captioned complaint:
1.
Henceforth, the respondent shall act in strict compliance with the requirements
of §§1‑15 and 1‑19(a) regarding prompt provision of copies of
public records.
2.
That portion of complaint pertaining to the executive session alleged to have
occurred on May 17, 1988 is hereby dismissed.
Approved
by order of the Freedom of Information Commission at its special meeting of
November 30, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission