FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
John Willys de Aguirre, Sr. And Eleanor de Aguirre,
Complainants
against Docket #FIC 89-183
Gales Ferry Fire District,
Respondent December 13, 1989
The above-captioned matter was heard as a contested case on October 12, 1989, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing with contested case docket #FIC 89-182.
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 of complaint filed with this Commission on June 6, 1989, the complainants alleged that the respondents violated the Freedom of Information ("FOI") Act by failing to maintain records at the local town clerk's office, by failing to make agendas available 24 hours in advance of its May 9, 1989 meetings, by failing to make available a record of votes taken within 48 hours of its May 9, 1989 meetings and failing to make minutes available within seven days of those meetings, and by otherwise conducting unnoticed meetings.
3. The Commission takes administrative notice of its final decision in contested case docket #FIC 88-443 and, in light of its order in that case requiring an educational workshop, declines to reexamine the issues addressed therein.
4. In accordance with paragraph 3, above, and paragraph 5 of the findings in contested case docket #FIC 88-443, it is concluded that the respondent's failure to maintain records at the office of the town clerk does not consitute a violation of the FOI Act.
5. It is found that on May 9, 1989 the respondent conducted a "board of directors" meeting at 7 p.m. and an "annual meeting" at 8 p.m.
Docket #FIC 89-183 Page 2
6. It is found that a schedule setting forth the actual time, date and place of the annual meeting or board of directors meeting was not filed with the local town clerk's office by January 31, 1989.
7. It is concluded, therefore, that the May 9, 1989 meetings of the respondent constituted special meetings and that the FOI Act imposes no requirement for separate agendas additional to the required contents for the notice of special meetings.
8. It is found that due to a family emergency on the part of the respondent's secretary, an unpaid volunteer, the record of votes and minutes of the May 9, 1989 meetings were not available to the public within 48 hours and seven days, respectively.
9. It is found that the personal emergencies of officers, directors, or other respondent members, including volunteers, do not relieve the respondent of its responsibilities under the FOI Act.
10. It is concluded, therefore, that the respondent violated 1-21(a), G.S., by failing to make the record of votes and minutes of its May 9, 1989 meetings available to the public within 48 hours and seven days, respectively.
11. It is found that if a quorum of the members of the respondent participated in telephone conversations in an effort on the part of the respondent to reach consensus on issues before the respondent, then such communications by members of the respondent constitute meetings within the meaning of 1-18a(b), G.S., and the inablilty of the public to have access to such meetings constitutes a violation of 1-21(a), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. In light of the impending educational workshop ordered by this Commission in final decision docket #FIC 88-443, the Commission declines to impose an additional order on the respondent. If after that workshop further violations of the FOI Act are proven, the Commission shall not be so constrained in ordering appropriate remedies within its power.
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 89-183 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:
JOHN WILLYS DE AGUIRRE, SR. AND ELEANOR DE AGUIRRE
1085 Long Cove Road
Gales Ferry, CT 06335
GALES FERRY FIRE DISTRICT
P.O. Box 181
Gales Ferry, CT 06335
Tina C. Frappier
Acting Clerk of the Commission