FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

John T. Dunne,

 

                        Complainant

 

            against              Docket #FIC 90-319

 

Monroe Affordable Housing Partnership Committee, Planning and Zoning Review Sub-Committee,

 

                        Respondent                  March 13, 1991

 

            The above-captioned matter was heard as a contested case on December 17, 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 letter filed with this Commission on August 23, 1990, the complainant alleged that at its meeting of July 24, 1990, the respondent violated the FOI Act by holding an executive session without first voting to convene in executive session, by holding an executive session for an improper purpose, by failing to make minutes of its meeting available to the public within seven days and failing to make a record of votes available within 48 hours, and finally, by failing to reference its executive session in its minutes when they finally were made available.

 

            3.  It is found that the respondent conducted a meeting on July 24, 1990, at which meeting the respondent discussed the creation of affordable housing for the town and how to communicate with the Monroe Planning and Zoning Committee concerning this issue.

 

            4.  It is found that the respondent is a 3-member sub-committee of the 12-member Monroe Affordable Housing Partnership Committee.

 

            5.  It is found that no votes were taken at the meeting in question.

 

            6.  It is found that among those persons present at the

 

Docket #FIC 90-319                           Page 2

 

July 24 meeting was the chairman of the 12-member committee, which chairman is not a member of the respondent.

 

            7.  It is found that the respondent did not enter executive session during the course of the July 24 meeting.

 

            8.  It is also found that the chairperson of the respondent asked the complainant to leave after declaring the meeting adjourned.

 

            9.  It is found that after the complainant was asked to leave, the respondent chairperson solicited the opinion of the chairman of the 12-member committee concerning whether public participation should be permitted at future meetings of the respondent.

 

            10.  It is also found that at the next meeting of the respondent after July 24, the respondent chairperson stated that no public participation would occur at future meetings because such participation curtailed the conduct of the respondent's business.

 

            11.  It is concluded that although the respondent chairperson's discussion after its July 24 meeting may not have appeared to be in keeping with the spirit of the FOI Act, technically it did not constitute an executive session of the respondent.

 

            12.  It is found that the minutes of the July 24 meeting were not available until August 16, 1990.

 

            13.  It is concluded that the respondent violated the provisions of 1-21(a), G.S. by failing to make the minutes of its July 24 meeting available within seven days.

 

            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 1-21(a), G.S.

 

            2.  The Commission reminds the respondent that the Commission staff is available during regular business hours to answer questions by telephone concerning the FOI Act and its application.

 

Approved by order of the Freedom of Information Commission at its regular meeting of March 13, 1991.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-319                           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 T. DUNNE

138 Mary Anne Drive

Monroe, CT 06468

 

MONROE AFFORDABLE HOUSING PARTNERSHIP COMMITTEE, PLANNING AND ZONING REVIEW SUB-COMMITTEE

c/o James P. White, Jr., Esq.

Pullman, Comley, Bradley & Reeves

850 Main Street

Bridgeport, CT 06604

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission