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 89-438

 

Ansonia Library Board of Directors

 

                        Respondent,                 July 11, 1990

 

            The above-captioned matter was heard as a contested case on April 2, 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.         By complaint received November 27, 1989, the complainant alleged that the respondent failed to make the minutes of its November 6, 1989 meeting available as required by the Freedom of Information Act.

 

            3.         It is found that the complainant requested the minutes at the Ansonia Library on November 22, 1989, but the person at the desk could not find the minutes.

 

            4.         It is found that when the librarian on duty could not locate the minutes, the complainant went to the city hall to complain.

 

            5.         It is found that when the complainant returned to the library around noon he received a note stating that the minutes were on file with the city clerk.

 

            6.         It is found that the minutes had been on file with the city clerk within seven days of the meeting to which they referred.

 

Docket #FIC 89-438                           page two

 

            7.         It is found that the only way in which the respondents violated the requirements of 1-19(a) and 1-21(a), G.S., is by failing to have minutes on file in the library in a place where the employees of the library can conveniently find them.

            8.         It is found that the respondents have taken steps to ensure that the minutes will be available in the library.

 

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

 

            1.         The respondents shall henceforth comply with 1-19(a) and 1-21(a), G.S.

 

            2.         The respondents are commended for their efforts to comply with the minutes requirements of the Act, and for their prompt action to solve the problem concerning the availability of the minutes which the complainant has pointed out.

 

Approved by order of the Freedom of Information Commission at its regular meeting of July 11, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-438                           page three

 

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, Esq.

303 Wakelee Avenue

Ansonia, CT 06401

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission