FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Karen M. Sturgeon,

 

                        Complainant

 

            against              Docket #FIC 94-114

 

Waterford Board of Fire Commissioners,

 

                        Respondent                  January 11, 1995

 

            The above-captioned matter was heard as a contested case on September 22, 1994, at which time the complainant and the respondent appeared 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 with this Commission on February 18, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by improperly discussing her at its meeting of November 23, 1993, by failing to provide to her the minutes of its November 23, 1993 meeting and by noting, among other things, that minutes of an emergency meeting must set forth the nature of the emergency.

 

            3.  It is found that the complainant had actual knowledge of the respondent's November 23, 1993 meeting on November 23, 1993.

 

            4.  It is accordingly concluded that the FOI Commission lacks subject matter jurisdiction over issues concerning the conduct of the respondent's November 23, 1993 meeting pursuant to 1-21i(b)(1), G.S., because the complaint was filed more than thirty days after that meeting.

 

            5.  It is found that on January 27, 1994, the complainant requested of the respondent the minutes for its November 23, 1993 meeting.

 

            6.  The minutes of the respondent's November 23, 1993 meeting is a public record within the meaning of 1-18a(d), G.S.

 

Docket #FIC 94-114                           Page 2

 

            7.  It is found that the respondent believed that its November 23, 1993 minutes were in the "fire commission book," although the complainant was unable to locate them there.

 

            8.  It is found that when the respondent realized the complainant was unable to locate the minutes she sought, it secured a copy.

 

            9.  It is also found, however, that the complainant did not receive the minutes she sought until sometime after the filing of the complaint in this matter.

 

            10.  It is concluded that under the facts of this case, the respondent failed to provide the minutes of its November 23, 1993 meeting to the complainant "promptly during regular office or business hours" as required by the provisions of 1-19(a), G.S.

 

            11.       It is found that the minutes of the respondent's November 23, 1993 meeting do not set forth the nature of the emergency, as required by 1-21(a), G.S.

 

            12.       It is therefore concluded that the respondent violated 1-21(a), G.S., with respect to the content of the minutes of its November 23, 1993 meeting.

 

            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 strictly comply with the promptness provisions of 1-19(a), G.S.

 

            2.  With respect to the allegations concerning the impropriety of the respondent's conduct of its November 23, 1993 meeting, that portion of the complaint is dismissed for lack of subject matter jurisdiction.

 

            3.  The respondent shall forthwith correct the minutes of its November 23, 1993 meeting to set forth the nature of the emergency for which that meeting was called, as required by 1-21(a), G.S., and shall provide a copy of the corrected minutes to the complainant.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 11, 1995.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

Docket #FIC 94-114                           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:

KAREN M. STURGEON

591 Vauxhall Street Ext.

Waterford, CT 06385

 

WATERFORD BOARD OF FIRE COMMISSIONERS

c/o Paul M. Geraghty, Esq.

Andrews, Quinn, Cosgrove & Young

216 Broad Street

P.O. Box 751

New London, CT 06320

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission