FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                Final Decision

 

Joan Coe,

 

                        Complainant

 

            against                                                                          Docket #FIC 1995-299

 

Eno Farms Cooperative

Association,

 

                        Respondent                                          August 14, 1996

 

            The above-captioned matter was heard as a contested case on March 11 and May 13, 1996, 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 records, the following facts are found and conclusions of law are reached:

 

1.         By letter of complaint dated August 19, 1995 and filed with the Commission on August 24, 1995, the complainant appealed to the Commission alleging that the respondent is a public agency and violated the Freedom of Information (“FOI”) Act by:

 

a.  holding a meeting on August 16, 1995 without notice or an agenda of such meeting;

 

b.  convening in executive session on August 16, 1995 without notice of the purpose of such session;

 

c.   allowing non-voting members of the respondent to attend the executive session described in b., above; and

 

d.  failing to make available minutes of its meetings.

 

2.         The four criteria to determine whether the respondent is a “public agency” are:

 

a.  whether the entity performs a governmental function;

 

b.  the level of government funding;

 

c.  the extent of government involvement and regulation; and

 

d.  whether the entity was created by government.

 

3.         It is found that the respondent is a non-stock, non-profit cooperative association, created on December 28, 1993 in accordance with §47-200 et seq., G.S., commonly known as the Common Interest Ownership Act.

 

            4.         Pursuant to §47-202 (10), G.S., “cooperative” means a common interest community in which the real property is owned by an association, each of whose members is entitled by virtue of his ownership interest in the association to exclusive possession of a unit.

 

            5.         It is found that the members of the respondent are the residents occupying the units at Eno Farms Cooperative, (hereinafter “common interest community”).

 

            6.         It is found that the members of the respondent presently comprise approximately fifty families.

 

              7.         It is found that the respondent’s function is to manage and govern the affairs of the common interest community and the respondent.

 

              8.         It is found that the respondent, pursuant to its by-laws is governed by an executive board (hereinafter “board”), which board members are elected by the members of the respondent from its membership.

 

              9.         It is found that the respondent is self directed and its employees are not government employees.

 

10.       It is concluded that the respondent does not perform a governmental function.

 

              11.       It is found that the respondent is funded solely by the cooperative fees paid by its members.

 

              12.       It is found that the land upon which the common interest community is constructed is owned by the town of Simsbury (“town”); that the town leased such land to CIL Housing of Simsbury Incorporated (“CIL”), a Connecticut corporation; that CIL subsequently assigned such lease to Eno Farms Limited Partnership, ( a Connecticut limited partnership) the developer of the community; and that the limited partnership subleased the land to the respondent.

 

              13.       It is found that the buildings constructed on the land are owned by the limited partnership, described in paragraph 12, above, and such buildings are leased to the respondent.

 

              14.       It is concluded that while the land, as described in paragraphs 12 and 13 is publicly owned, the respondent does not receive any public funds at this time.

 

              15.       It is found that the common interest community is designed to meet the requirements of the Qualified Low-Income Housing Program under section 42 of the Internal Revenue Code.  Accordingly, there are certain reporting requirements, such as the reporting of the income of each member of the respondent.

 

              16.       It is concluded that the respondent is not subject to substantial government involvement and regulation.

 

              17.       It is also concluded that the respondent was not created by government.

 

              18.       It is therefore concluded that the respondent is not a public agency within the meaning of §1-18a(a), G.S.

 

              19.       Consequently, the respondent is not subject to the open meeting and records provisions of the FOI ACT.

 

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

 

              1.         The complaint is hereby dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 14, 1996.

 

 

 

 

Elizabeth A. Leifert

Acting 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:

 

Joan Coe

26 Whitcomb Drive

Simsbury, CT 06070

 

 

Eno Farms Cooperative Association

c/o Helga M. Woods, Esq.

Rome, McGuigan, Sabanosh, and Klebanoff, P.C.

One State Street

Hartford, CT 06103

 

 

 

 

 

Elizabeth A. Leifert

Acting Clerk of the Commission