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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Complainants |
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against |
Docket #FIC 2001-313 | |
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Board of Fire
Commissioners, |
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Respondents |
November 28, 2001 | |
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The
above-captioned matter was scheduled to be heard as a contested case on August
6, 2001, at which time the complainant and the respondent appeared, and the
respondent requested a continuance.
There being no objection from the complainant, the Hearing Officer
granted the continuance. The
matter was then rescheduled and heard on October 2, 2001, 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.
2. By letter of complaint dated
June 18, 2001 and filed with the Commission on June 21, 2001, the complainant
appealed, alleging that the respondent violated the Freedom of Information (“FOI”)
Act by failing to have available on June 5, 2001, the agenda for the
respondent’s regular meeting of June 5, 2001 and the minutes of the
respondent’s regular meeting for the month of May, 2001.
3. It is found that on June 5,
2001 the complainant, with the intention of attending the respondent’s June
5, 2001 regular meeting visited the firehouse where such meetings are held.
Having failed to locate the meeting agenda “posted anywhere in the
building” the complainant asked the chairman of the respondent for a copy,
to which the chairman indicated that the agenda was being typed up.
It is also found that at that time the complainant requested from the
chairman a copy of the minutes of the respondent’s regular meeting for the
month of May 2001, to which the chairman indicated that such minutes were not
available.
4. Section 1-225(a), G.S.,
requires, in relevant part that “minutes shall be available for
public inspection within seven days of the session to which they refer.”
5. Section 1-225(c), G.S., requires, in relevant part:
The agenda of the regular meetings of every public agency…shall be available to the public and shall be filed, not less than twenty-four hours before the meetings to which they refer, in such agency's regular office or place of business or, if there is no such office or place of business… in the office of the clerk of such subdivision for any public agency of a political subdivision of the state ….
6. With respect to the allegation concerning the agenda, it is found that the respondent failed to have the agenda for the June 5, 2001 regular meeting available for public inspection within twenty-four hours of the call of such meeting, and therefore, violated §1-225(c), G.S. It is also found that the respondent did not conduct any business at the June 5, 2001 meeting, but continued such meeting to June 6, 2001 for which it had a prepared agenda.
7. With respect to the allegation concerning minutes, it is found that the respondent failed to have the minutes of the respondent’s May 2001 regular meeting available for public inspection within seven days of such meeting and therefore, violated §1-225(a), G.S.
8. It is found that the complainant has since received copies of the agenda and the minutes, and the respondent has received training on FOI Act matters. It is also found that the respondent has hired a full time administrative employee who, among other duties, will timely prepare agendas and minutes.
9. It is also found that the reference contained in the respondent’s June 5, 2001 meeting minutes to such meeting being “called to order at 6:15 p.m.” is a typographical error and should be corrected to 7:15 p.m.
No order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
Approved by Order of the Freedom of Information Commission at its regular meeting of November 28, 2001.
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Petrea A. Jones
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:
Anthony C. Krzeminski
1 Robart Street
West Haven, CT 06516
Board of Fire Commissioners,
Allingtown Fire District
c/o Robert S. Arnold, Esq.
412 Orange Street
New Haven, CT 06511-6400
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-313/FD/mes/12/03/2001