FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Patricia Ann Glynn,
Complainant
against Docket #FIC 93-16
Waterford Board of Education,
Respondent July 28, 1993
The above-captioned matter was heard as a contested case on June 1, 1993, at which time the complainant and the respondent appeared, and presented testimony 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 January 20, 1993, the complainant appealed to the Commission, alleging that the minutes of the respondent's November 5, November 23, December 1, and December 3, 1992 meetings were not available on December 31, 1992 at the town clerk's office.
3. It is found that a policy subcommittee of the respondent met on November 5, 1992.
4. It is found that a policy subcommittee of the respondent met on November 23, 1992.
5. It is found that a subcommittee of the respondent met on December 1, 1992 to discuss the superintendent's job performance.
6. It is found that the respondent conducted a workshop meeting on December 23, 1992 to discuss long-range planning.
7. It is concluded that the meetings described in paragraphs 3 through 6, above, were public meetings within the meaning of 1-18a(b) and 1-21(a), G.S.
8. It is found that the complainant visited the town clerk's office on December 31, 1992, at which time the minutes of the meetings described in paragraphs 3 through 6, above, were not available there.
Docket #FIC 93-16 Page 2
9. It is found that the minutes of the November 5, 1992 subcommittee meeting are on file at the respondent's office.
10. It is found that the minutes of the November 23, 1992 subcommittee meeting are also on file at the respondent's office.
11. Section 1-19(a), G.S., provides in relevant part that each public agency shall keep all public records in its custody at its regular office or place of business or, if there is no such office or place of business, at the town clerk's office.
12. It is found that the respondent has a regular office or place of business separate from the town clerk's office, on the second floor of the building in which the town clerk's office is located.
13. It is therefore concluded that the respondent did not violate 1-19(a), G.S., by failing to maintain the minutes of its November 5 and November 23, 1992 subcommittee meetings with the town clerk.
14. It is found that there are no minutes of either the December 1, 1992 subcommittee meeting or the December 23, 1992 meeting.
15. Section 1-19(a), G.S., provides in relevant part that each public agency shall make, keep and maintain a record of the proceedings of its meetings.
16. The respondent maintains that 1-19(a), G.S., is ambiguous, and does not require minutes of each meeting to be kept.
17. Specifically, the respondent maintains that it is not required to maintain minutes of the December 1, 1992 subcommittee meeting or the December 23, 1992 workshop meeting, because no action or votes were taken at those meetings, and the record of those two proceedings would be reflected in subsequent minutes of the meetings at which action or votes were in fact taken.
18. The respondent also concedes that its position is not consistent with previous rulings of this Commission.
19. It is concluded that the respondent violated 1-19(a), G.S., by failing to keep and maintain minutes of its December 1, 1992 subcommittee meeting or its December 23, 1992 workshop meeting.
20. At the hearing, the complainant asked to amend her complaint to include allegations concerning minutes of meetings held after she filed her letter of complaint, which request the hearing officer denied.
Docket #FIC 93-16 Page 3
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondent shall make or cause to be made minutes of its December 1, 1992 subcommittee meeting and its December 23, 1992 workshop meeting, and file such minutes in its office within two weeks after the date of issuance of this final decision.
2. Henceforth the respondent shall strictly comply with the requirements of 1-19(a), G.S., and keep and maintain minutes of all subcommittee and workshop meetings.
3. With respect to the November 5, 1992 and November 23, 1992 minutes kept at the respondent's office instead of the town clerk's office, the complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 28, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 93-16 Page 4
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:
Patricia Ann Glynn
22 Forest Street
Waterford, CT 06385
Waterford Board of Education
c/o Atty. Thomas Sullivan
Sullivan, Lettick & Schoen
646 Prospect Avenue
Hartford, CT 06105
Debra L. Rembowski
Acting Clerk of the Commission