FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Ann
M. Celone, |
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Complainants |
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against
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Docket #FIC 1999-283 |
President,
Legislative Council, Town of |
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Respondents |
February
23, 2000 |
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The above-captioned matter was heard as a contested
case on September 1, 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 respondents are public agencies within the meaning of §1-200(1),
G.S. [§1-18a(1), G.S.].
2.
By letter dated May
19, 1999, the complainant made a request to the respondent administrator and
clerk for a copy of:
a.
the 1999-2000 council
budget printout;
b.
the 1999-2000 council
budget meeting minutes and voting record;
c.
the 1999-2000 council
budget deliberations meeting minutes;
d.
and the 1999-2000
council budget deliberation voting records.
3. By letter dated May 20, 1999 the respondent administrator and
clerk provided the complainant with a copy of the budget printout and informed
the complainant that the “notes taken at the budget deliberations are not
complete” and would be provided to the complainant as soon as they were
completed.
4. By letter dated June 11, 1999 and filed on June 14, 1999, the
complainant appealed to this Commission alleging that the respondents violated
the Freedom of Information (“FOI”) Act by failing to provide her with a
copy of:
a.
the 1999-2000 council
budget voting record taken at the council’s May 17, 1999 meeting;
b.
and the April 19th,
April 20th, April 21st, April 27th, April 28th,
May 5th, May 10th, May 11th, and May 12th,
1999-2000 council budget deliberation meeting minutes and voting record.
5. Section 1-210(a), G.S., provides in relevant part that:
[e]xcept
as otherwise provided by any federal law or state statute, all records
maintained or kept on file by any public agency, whether or not such records
are required by any law or by any rule or regulation, shall be public records
and every person shall have the right . . . to receive a copy of such records
in accordance with the provisions of section 1-212.
Any agency rule or regulation, or part thereof, that conflicts with the
provisions of this subsection or diminishes or curtails in any way the rights
granted by this subsection shall be void.
6. Section 1-212(a), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record . . .”
7. It is found that the requested records are public records
within the meaning of §1-210(a), G.S.
8.
Section 1-225(a), G.S.,
provides relevant part that:
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. . the 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.
9.
At the hearing on
this matter, the respondents conceded that the requested records were not made
available within the statutory time period. However, the respondents argued
that during the time period at issue, the legislative council was involved in
litigation regarding the town’s budget and that the respondent administrator
and clerk was heavily involved in such litigation which prevented her from
being able to prepare the voting records and the meeting minutes within the
statutory time period.
10.
It is found that the votes taken at the meetings described in paragraph
4a and 4b, above, were not available for public inspection within forty-eight
hours of such meetings and it is therefore concluded that the respondents
violated §1-225(a), G.S., by failing to make the votes available for public
inspection within forty-eight hours.
11.
It is found that the minutes of the meetings described in paragraph 4b,
above, were not prepared and were therefore not available for public
inspection or copying within seven days of the meetings to which they refer.
12.
It is therefore concluded that the respondents further violated the
provisions of §1-225(a), G.S. [formerly
§1-21(a), G.S.]. by failing to comply with the minutes provisions
therein.
The
following order by the Commission is hereby recommended on the basis of the
record concerning the above-captioned complaint.
1. The respondents shall forthwith provide the complainant with a copy of the records of votes and meeting minutes for the meetings described in paragraphs 4a and 4b of the findings, above, free of charge.
2. The Commission notes that the respondent administrator and clerk was the only individual expected to prepare the voting record and the minutes of the legislative council’s meetings and that during the time period at issue many other responsibilities were placed upon her, as described in paragraph 9 of the findings, above, that caused her to be overburdened. However, such circumstances do not excuse the respondent president or the legislative council from fulfilling the statutory mandates of the FOI Act. The Commission recommends that, in the future, when such circumstances arise, the task of preparing the voting record and the minutes of meetings be delegated to another member of the legislative council.
Approved by Order of the Freedom of Information Commission at its regular meeting of
February 23, 2000.
_________________________
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:
Ann M. Celone
c/o Atty. Cynthia Cartier
Nine Washington Avenue, #3A
Hamden, CT 06518
President,
Legislative Council, Town of Hamden; and Administrator & Clerk,
Legislative Council, Town of Hamden
c/o Atty. Carl Amento
2372 Whitney Avenue
Hamden, CT 06518
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-283FD/mrb/02/25/00