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FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Wesley
S. Lubee, Jr., |
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Complainants |
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against |
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Docket
#FIC 1999-258 |
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Town Council, Town of Wallingford; and Town of Wallingford, |
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Respondents |
November
10, 1999 |
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The above-captioned matter was heard as a contested case on August 18, 1999 at which time the complainant and the respondents 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 town council is a public agency within the meaning of §1-200(1), G.S., (formerly §1-18a(1), G.S.).
2. By letter dated June 1, 1999, and filed on June 8, 1999, the complainant appealed to the Commission alleging that the respondent town council violated the Freedom of Information (“FOI”) Act. At the hearing on this matter, the complainant was asked to make clear to the Commission the allegations in his complaint. He indicated that numerous minutes of the respondent town council are inaccurate in that:
a. such minutes do not reflect that the respondent town council authorized the Mayor of Wallingford to negotiate and/or enter into contracts concerning the purchase of real estate; and
b. such minutes do not indicate all those in attendance at several executive sessions held by the respondent town council.
3. With respect to the allegation described in paragraph 2a, above, the complainant contends that the mayor acted with authorization, however, such authorization in many instances is not recorded in the minutes of the respondent town council.
4. Section 1-210(a), G.S., (formerly §1-19(a), G.S.) requires that: “[E]ach … [public] agency shall make, keep and maintain a record of the proceedings of its meetings.”
5. Section 1-225(a), G.S., (formerly §1-21(a), G.S.) further provides: “[T]he votes of each member of any such public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken, which minutes shall be available for public inspection within seven days of the session to which they refer.”
6. It is found that the respondent town council did not discuss or vote on the issue of authorizing the mayor to negotiate and/or enter into contracts during the respondent town council meetings being complained about in this appeal. Therefore, such authorization issue would not be required to be in the minutes of meetings where such issue was not addressed.
7. Consequently, it is concluded that the respondent town council did not violate the FOI Act as alleged in paragraph 2a, above.
8. With respect to the allegation described in paragraph 2b, above, §1-231, G.S., (formerly §1-21g, G.S.) requires that the minutes of executive sessions shall disclose all persons who are in attendance except job applicants who attend for the purpose of being interviewed by the public agency.
9. The respondent town council concedes that some of its minutes do not disclose all persons who attended executive sessions. The respondent town council indicated at the hearing in this matter, that in the future all of its minutes will reflect all those who attend executive sessions.
10. It is concluded that the failure of the respondent town council to disclose in some of its minutes all persons who attended executive sessions is a violation of §1-231, G.S. (formerly §1-21g, G.S.).
The
following order by the Commission is hereby recommended on the basis of the
record concerning the above-captioned complaint:
1. Henceforth, the respondents shall record in its minutes all persons who attend executive sessions in keeping with the requirements of §1-231, G.S. (formerly §1-21g, G.S.).
Approved by Order of the Freedom of Information Commission at its regular meeting of
November 10, 1999.
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Melanie R. Balfour
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:
Wesley S. Lubee, Jr.
15 Montowese Trail
Wallingford, CT 06492
Town Council, Town of Wallingford; and Town of Wallingford
c/o Atty. Janis M. Small and
Atty. Adam Mantzaris
Department of Law
45 South Main Street
Wallingford, CT 06492
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-258/FD/mrb/11121999