FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Thomas J. Doyle, | |||
| Complainants | |||
| against | Docket # FIC 2002-119 | ||
|
Board of Education, City of Bristol, |
|||
| Respondent | August 14, 2002 | ||
The above-captioned matter was heard as a contested case on May 7, 2002, 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. It is found that on March 13, 2002, the complainant sought access to inspect the minutes of the respondent’s March 6, 2002 meeting (hereinafter “the minutes”).
3. It is also found that at the time of the complainant’s request for access, draft minutes were in the process of being prepared and the complainant was informed that the minutes would not be available until March 15, 2002.
4. By letter of complaint dated March 13, 2002, and filed with the Commission on March 18, 2002, the complainant alleged that the respondent violated the Freedom of Information (hereinafter “FOI”) Act, by not making the minutes accessible in a timely fashion.
Docket #FIC2002-119 Page 2
5. Section 1-225(a), G.S., provides in relevant part:
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.
6. In the same vein, §1-225(g), G.S., provides in relevant part:
In determining the time within which or by when a notice, agenda, record of votes or minutes of a special meeting or an emergency special meeting are required to be filed under this section, Saturdays, Sundays, legal holidays and any day on which the office of the agency, the Secretary of the State or the clerk of the applicable political subdivision or the clerk of each municipal member of any multitown district or agency, as the case may be, is closed, shall be excluded.
7. It is found that the respondent did not provide the complainant with access to the minutes within the time frame required by §1-225(a), G.S.
8. It is therefore concluded that the respondent violated §1-225(a), G.S., as alleged in the complaint.
9. It is found that subsequent to the complaint in this matter, the respondent issued a memorandum to its staff setting forth the FOI Act requirements as they relate to providing minutes of Board of Education meetings. The memorandum states in relevant part:
Please be reminded that under the Freedom of Information
Act, minutes of meetings of the Board of Education and all Board
Committees must be made available to the public within seven (7)
days after the meeting. Failure to comply with this requirement
can lead to legal penalties.
The following order by the Commission is hereby recommended on the basis of
the record concerning the above-captioned complaint:
1. Forthwith, the respondent shall provide the complainant with a copy of the minutes, at no charge.
Docket #FIC2002-119 Page 3
2. The Commission commends the respondent for issuing the memorandum described in paragraph 9 of the findings, above. In addition, the Commission notes that the City of Bristol has established an FOI advisory board. The Commission believes that the respondent should similarly designate a key employee as an FOI liaison for purposes of addressing future FOI issues. The respondent would undoubtedly benefit from the training such a liaison would provide. The Commission therefore recommends that the respondent contact the Commission’s staff to arrange for liaison training at the earliest possible time.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 14, 2002.
_______________________________________
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:
Board of Education,
City of Bristol
c/o Henry J. Zaccardi, Esq.
Shipman & Goodwin
One American Row
Hartford, CT 06103
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2002-119/FD/paj/8/20/2002