FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Trenton E. Wright, Jr.,

 

                        Complainant

 

            against              Docket #FIC 90-287

 

First Selectman, Town of Windham,

 

                        Respondent                  November 14, 1990

 

            The above-captioned matter was heard as a contested case on August 30, 1990, at which time the complainant 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 #'s 90-185, FIC 90-266, and FIC 90-288.

 

            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 filed with this Commission on August 6, 1990, the complainant alleged that the respondent failed to provide him with notice of a Board of Selectman meeting of July 17, 1990, as required by 1-21c, G.S.

 

            3.  It is found that by letter dated March 29, 1990, the complainant made a request to the respondent to receive notice by mail of each regular and special meeting of the Windham Board of Selectmen.

 

            4.  It is found that at the hearing into this matter, the respondent offered no response to the complainant's allegations and claimed that his executive secretary had failed to provide him with an explanation for such failure.

 

            5.  The Commission notes that the delegation of duties of a public agency under the Freedom of Information Act ("Act") to a staff member does not excuse the agency for violations of the Act.

 

            6.  It is concluded that the respondent violated 1-21c, G.S.

 

Docket #FIC 90-287                           Page 2

 

            7.  The Commission takes administrative notice of its order for the respondent to attend an educational workshop pursuant to contested case docket #FIC 90-266.

 

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

 

            1.  The respondent shall henceforth comply with the provisions of 1-21c, G.S.

 

            2.  Although the Commission declines to impose civil penalties in this case, it strongly suggests that the respondent take advantage of its educational workshop for guidance in any areas of confusion, as failure to comply with provisions of the ACT in the future may subject him to civil penalties.

 

Approved by order of the Freedom of Information Commission at its regular meeting of November 14, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-287                           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:

TRENTON E. WRIGHT, JR.

232 Mansfield Avenue

Willimantic, CT 06226

 

FIRST SELECTMAN, TOWN OF WINDHAM

979 Main Street

P.O. Box 94

Willimantic, CT 06226

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission