FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Nicholas B. Wynnick,

 

                        Complainant

 

            against              Docket #FIC 89-309

 

Ansonia Library Board of Directors,

 

                        Respondent                  May 9, 1990

 

            The above-captioned matter was heard as a contested case on January 9, 1990 and February 21, 1990, 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.  On July 25, 1989, the complainant requested to inspect the record of votes taken at a special meeting of the respondent on July 19, 1989 and any letters passed around to board members at that July 19, 1989 special meeting.

 

            3.  On July 25, 1989, the respondent denied in part the complainant's request.

 

            4.  By letter filed with this Commission on July 26, 1989, the complainant appealed this denial.

 

            5.  It is found that no votes, other than a vote to adjourn, was taken at the July 19, 1989 special meeting of the respondent and that no record of that vote was reduced to writing and made available within 48 hours, as required by 1-21(a), G.S.

 

            6.  It is found that one letter relating to a prior FOI complaint under discussion at the July 19 meeting was circulated to at least one new member of the respondent at that meeting.

 

            7.  It is found that on July 25, 1989, a copy of that letter identified in paragraph 6, above, was provided to the complainant at his request.

 

            8.  It is concluded that under the facts of this case, there is no basis to grant relief to the complainant.

 

Docket #FIC 89-309                           Page 2

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

            1.  The complaint is hereby dismissed.

 

            2.  The respondent is, however, cautioned, that it should comply with the record of vote requirements of 1-21(a), G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of May 9, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-309                           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:

NICHOLAS B. WYNNICK

55 Prospect Street

Ansonia, CT 06401

 

ANSONIA LIBRARY BOARD OF DIRECTORS

c/o James E. Sheehy, Esquire

Corporation Counsel

303 Wakelee Avenue

Ansonia, CT 06401

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission