FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Ann M. Celone,

 

 

Complainants

 

 

against

 

Docket #FIC 1999-283

President, Legislative Council, Town of
Hamden; and Administrator & Clerk,
Legislative Council, Town of Hamden,

 

 

Respondents

February 23, 2000

 

 

 

 

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:

. . . 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