FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
Wesley S. Lubee, Jr.,
		Complainant
	against		Docket #FIC 1999-544
Town Council, Town of Wallingford,
		Respondents	May 10, 2000

The above-captioned matter was heard as a contested case on March 23, 2000 at which time the complainant and the respondent 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 is a public agency within the meaning of §1-200(1), G.S., (formerly §1-18a(1), G.S.).

 

2.  By letter dated November 20, 1999, and filed on November 23, 1999, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act with respect to a meeting held by the respondent on October 26, 1999, by failing to:

 

a.       reduce to writing and make available for public inspection within forty-eight hours or anytime thereafter the votes of each member of the respondent; and

 

b.   file the minutes of the meeting within seven days of October 26, 1999.

 

            3.  At the hearing on this matter, the complainant informed the Commission that he wished to withdraw the portion of his complaint concerning the allegation described in paragraph 2a, above.

 

4.  With respect to the allegation described in paragraph 2b, above, it is found that the respondent held a regular meeting on October 26, 1999 (hereinafter “meeting”).

 

5.  Section 1-225(a), G.S. [formerly §1-21(a), G.S.] provides in relevant part:

 

… minutes shall be available for public inspection within seven days of the session to which they refer.

 

6.  It is found that the minutes of the meeting were not available for public inspection within seven days of the meeting and the respondent conceded to this fact at the hearing on this matter.

 

            7.  It is therefore concluded that the respondent violated §1-225(a), G.S. [formerly §1-21(a), G.S.] by failing to have the minutes of the meeting available for public inspection within seven days of the meeting.

 

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

            1.  Henceforth, the respondent shall have the minutes of its regular meetings available for public inspection within seven days of such meetings.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of

May 10, 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:

 

 

Wesley S. Lubee, Jr.,

15 Montowese Trail

Wallingford, CT  06492

 

Town Council, Town of Wallingford

c/o Adam Mantzaris, Esq.

Corporation Counsel

Town of Wallingford

45 South Main Street

Wallingford, CT  06492 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

FIC1999-544FD/mes/05/11/00