FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Viola Lockwood
Complainant
against Docket #FIC 89-154
Indian Affairs Council, State of Connecticut Department of Environmental Protection
Respondent December 13, 1989
The above-captioned matter was heard as a contested case on October 16, 1989, at which time the complainant 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 and conclusions of law are reached:
1. The respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter dated on or about April 21, 1989, the complainant made a written request for copies of: a) the minutes of the April 14, 1989 meeting of the Connecticut Indian Affairs Council and b) a written acknowledgement of the recognition status of the complainant and others.
3. By letter filed with this Commission on May 5, 1989, the complainant alleged that the respondent failed to comply with her request.
4. It is found that at the time of the complainant's request, no written acknowledgement of the recognition status requested was in existence but that such was subsequently created and provided to the complainant in June, 1989.
5. It is concluded, therefore, that with respect to the request identified in paragraph 2b), above, the respondent did not violate any provision of the Freedom of Information Act ("FOIA").
6. It is found that the minutes of the respondent's April 14, 1989 meeting were available sometime during the first week of October, 1989, and were received by the complainant on October 14, 1989.
Docket #FIC 89-154 Page 2
7. The respondent claims that the unavailability of its minutes seven days after its April 14, 1989 meeting was due to the fact that 1) the respondent experienced difficulty in assembling the quorum necessary for approval of those minutes and 2) those volunteers who execute the respondent's business often fail to understand the importance of their roles in recording minutes and otherwise serving the public.
8. It is found that inability or failure of the respondent to approve its minutes is not an exemption to the requirements of 1-21(a), G.S. and that, furthermore, 1-21(a), G.S. does not require minutes of public agencies to be approved prior to the time they are made available to the public.
9. It is further found that the use of volunteer services does not exempt the respondent from the requirements of the FOIA.
10. It is concluded, therefore, that the respondent violated 1-21(a), G.S., by failing to make the minutes of its April 14, 1989 meeting available to the public within seven days.
The following order of the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondents shall henceforth act in strict compliance with the requirements of 1-21(a), G.S.
2. Members of the respondent shall attend an educational workshop to be given by Commission staff within 60 days of the mailing of the notice of final decision. Such seminar shall be scheduled for an hour mutually convenient to the respondent and the Commission to ensure that all members of the respondent shall be in attendance.
Approved by order of the Freedom of Information Commission at its regular meeting of December 13, 1989.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 89-154 Page 3
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:
VIOLA LOCKWOOD
204 Franklin Street, 3rd Floor
Norwich, CT 06360
INDIAN AFFAIRS COUNCIL, STATE OF CONNECTICUT, DEPARTMENT OF ENVIRONMENTAL PROTECTION
c/o Grace M. Dodier
Assistant Attorney General
55 Elm Street
Hartford, CT 06106
Tina C. Frappier
Acting Clerk of the Commission