FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Lois A. Ely, | |||
| Complainants | |||
| against | Docket #FIC 2002-047 | ||
|
Executive Director, Housing Authority, Town of Essex, |
|||
| Respondents | October 9, 2002 | ||
The above-captioned matter was heard as a contested case on April 25, 2002, at which time the complainant and the respondent appeared 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 January 30, 2002, the complainant made an oral request for a copy of the minutes of the Essex Housing Authority Board of Directors’ (hereinafter “the board”) January 2, 2002 regular meeting and was told that they were not available because they had not been transcribed from the audio tape recording.
3. By letter dated January 31, 2002 and filed on February 1, 2002, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to make available the minutes of its January 2, 2002 regular meeting within seven days.
4. Section 1-210(a), G.S., provides in relevant part that “. . . [e]ach such [public] agency shall make, keep and maintain a record of the proceedings of its meetings.”
5. Section 1-225(a), G.S., provides, in relevant part that “…the…minutes [of the meetings of public agencies] shall be available for public inspection within seven days of the session to which they refer . . . .”
6. It is found that pursuant to the board’s policy and contract with the executive director, the transcription of the minutes of the board’s meetings are part of the duties of the executive director.
7. It is found that the former executive director challenged whether it was her duty to transcribe the meeting minutes from the audiotapes and suddenly resigned from her position.
8. It is found that the former executive director’s sudden resignation left the board with a backlog of audiotapes that had not been transcribed and that at the time of the complainant’s request, members of the board were in the process of completing the transcriptions, which included that of the board’s January 2, 2002 meeting.
9. It is found that the minutes of the board’s January 2, 2002 minutes were available for inspection and copying on January 31, 2002, twenty-nine days after the date of that meeting.
10. It is concluded that while there were extenuating circumstances, the board failed to comply with the provision of §1-225(a), G.S., with respect to the availability of the minutes of its January 2, 2002 meeting.
11. It is found, however, that the board, not the present executive director, is responsible for the violation described in paragraph 9, above.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. In light of the particular circumstances of this case, no further order is deemed necessary.
Approved by Order of the Freedom of Information Commission at its regular meeting of October 9, 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:
Lois A. Ely
c/o Frederick M. Vollono, Esq.
1062 Barnes Road, Suite 202
Wallingford, CT 06492
Executive Director, Housing
Authority, Town of Essex
16 Main Street
Centerbrook, CT 06404
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2002-047/FD/paj/10/10/2002