FREEDOM OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Jerry A. Walden, | |||
Complainants | |||
against | Docket #FIC 1990-356 | ||
State of Connecticut,
Native American Heritage Advisory Council, |
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Respondents | August 14, 1991 |
The above-captioned matter was heard as a contested case on January 10, 1991 and on April 4, 1991, at which times 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 of complaint filed September 20, 1990, the complainant alleged that he requested copies of numerous records from the respondent, but that he had not received the requested records.
3. It is found that the complainant requested numerous records including copies of minutes by letter dated August 28, 1990.
4. It is found that the respondent furnished the complainant with most of the requested records prior to the hearing on January 10, 1991; however, it had not furnished him with copies of certain minutes of meetings because these were not completed.
5. At the hearing on January 10, 1991, the respondent agreed to complete the minutes and to provide the complainant with copies of the minutes.
6. It is found that the minutes were not completed within the seven day time limit required by §1-21, G.S.
7. It is found that the minutes were provided to the complainant on or about February 25, 1991. 8. At the hearing on April 4, 1990, the complainant claimed that the minutes failed to state motions correctly.
9. It is found that the Commission does not have statutory authority to inquire into the accuracy of minutes.
10. At hearing the complainant withdrew his request for civil penalties.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth the respondent shall comply with the minutes requirements of §1-21, G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 14, 1991.
______________________ Karen J. Haggett Clerk of the Commission
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:
WILLIAM F. MCDONALD, ESQ. 1052 Enfield Street Enfield, CT 06082
RICHARD T. BIGGAR, ESQ. Assistant Attorney General MacKenzie Hall 110 Sherman Street Hartford, CT 06105
ROBERT A. WHITEHEAD, JR., ESQ. Assistant Attorney General 55 Elm Street Hartford, CT 06106
______________________ Karen J. Haggett Clerk of the Commission