FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Daniel J. Filer, |
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Complainant |
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against |
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Docket #FIC 1999-538 |
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David H. Larson, Superintendent, Middletown |
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Respondents |
April 12, 2000 |
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The
above-captioned matter was heard as a contested case on February 2, 2000, at
which time the complainant and the respondents appeared, stipulated to certain
facts and presented testimony, exhibits and argument on the complaint. For purposes of hearing, this case was consolidated with
Docket #FIC1999-516; Daniel J. Filer v. David H. Larson,
Superintendent, Middletown Public Schools; John F. Shaw, Jr., Chairman, Board
of Education, Middletown Public Schools; Edward L. McMillan, Jr.; Barbara M.
Weiss; Elizabeth Bobrick; Frederick T. Chapelle; Marie E. Derosier; Lloyd
Duggan, Jr., Thomas C. Hutton, as members, Board of Education, Middletown
Public Schools and Board of Education, Middletown Public Schools.
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. [formerly §1-18a(1), G.S.]
2. By letter dated and filed November 19, 1999, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by conducting a vote for public officers by paper ballot at the November 16, 1999, meeting of the respondent board; and by failing to announce at such meeting which board member voted for which candidate and by failing to announce the abstention of the complainant. The complainant requested the imposition of civil penalties.
3.
Section 1-225(a), G.S.
[formerly §1-21(a),
G.S.], provides in relevant part that:
…[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….
4.
It is found that the votes of the each member of the respondent board
at the November 16, 1999, meeting of such board, including the abstention of
the complainant were duly recorded as required by §1-225(a),
G.S. [formerly §1-21(a),
G.S.].
5. It is therefore concluded that the respondents did not violate the FOI Act as alleged in the complaint.
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
April 12, 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:
Daniel J. Filer
27 Magnolia Avenue
Middletown, CT 06457
David H. Larson, Superintendent, Middletown Public
Schools; Richard Cormier, Assistant Superintendent, Middletown Public Schools;
Edward L. McMillan, Jr.; Barbara M. Weiss; Elizabeth Bobrick; Frederick T.
Chapell; Marie E. Derosier; Lloyd Duggan, Jr.; Geen Thazhampallarh, as
members, Board of Education, Middletown Public Schools; and Board of
Education, Middletown Public Schools
c/o Atty. Brian Clemow
Shipman & Goodwin
One American Row
Hartford, CT 06103-2819
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-538FD/mrb/04/13/00