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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Eileen Moncrief and League |
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Complainants |
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against |
Docket #FIC 2001-212 | |
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Charter Revision Commission, |
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Respondents |
January 9, 2002 | |
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The above-captioned matter was heard as a contested case on September 28, 2001, at which time the complainants 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 e-mail dated April 25, 2001, and filed on April 27, 2001, the complainants appealed to the Commission, alleging that the respondent violated the Freedom of Information [hereinafter “FOI”] Act by failing to post agendas or file minutes of its meetings since the respondent’s inception in February 2001.
3. Section 1-225, G.S., provides in relevant part:
(a) [M]inutes shall be available for public inspection within seven days of the session to which they refer….(d) Notice of each special meeting of every public agency…shall be given not less than twenty-four hours prior to the time of such meeting by filing a notice of the time and place thereof in the office of the…[town] clerk….The notice shall specify the time and place of the special meeting and the business to be transacted…..
4. It is found that the respondent held a special meeting on February 27, 2001. It is also found, however, that the minutes of such meeting were not available for public inspection until April 19, 2001, more than seven days after such meeting. It is therefore concluded that the respondent violated §1-225(a), G.S., by failing to make available the minutes of its February 27, 2001 meeting in the time prescribed by such statute.
5. It is found that the respondent filed the following notice with the Suffield town clerk on March 16, 2001:
“Charter Revision Commission
Agenda
The schedule for meetings for the charter revision commission for the month of April, 2001 is listed below.
These meetings are for discussion purposes with commission chair people on how their department operates.
Monday 04/02/01 Public Works, Highway, Landfill
Monday 04/09 Social Services Mini Bus, Youth Services, Emergency Aid
Monday 04/16 Conservation, Police, Fire
Monday 04/23 Board of Selectmen, Term Limits, Number of Selectmen
Monday 04/30 Open Review.”
6. It is found that, on the dates specified for meetings described in paragraph 5, above, the respondent held special meetings which were open to the public at which it heard testimony as to the operations of the various town departments described therein. It is also found that the respondent took no substantive action at such meetings. It is concluded that the Commission lacks jurisdiction over the April 30, 2001, special meeting of the respondent, since such meeting occurred after the filing of the complaint in this matter. Accordingly, any conclusions of law set forth in the paragraphs below do not apply to such meeting.
7. It is found that the notice described in paragraph 5, above, did not specify the time and place of the special meetings listed therein. Accordingly, it is concluded that the respondent violated §1-225(d), G.S., as alleged in the complaint.
8. It is also found that the respondent did not prepare minutes of the special meetings listed in paragraph 5, above. Therefore, it is concluded that the respondent violated §1-225(a), G.S., by failing to make available minutes of such meetings.
9. It is found that, at the respondent’s special meeting of April 30, 2001, the respondent’s attorney informed the respondent of its obligations under the FOI Act and of the notice and minutes violations described in paragraphs 5 through 8, above. It is found that, at such time, the respondent vowed to correct such violations as soon as possible.
10. It is found that the respondent filed the following notice with the Suffield town clerk on May 3, 2001:
“NOTICE
TOWN OF SUFFIELD CHARTER REVISION COMMISISON
The charter revision [commission] will hold meetings for discussion purposes with commission chair people or department heads to obtain information on how their commission or department operates. The meeting schedule is as follows:
05/07/01 Town Hall Lower Level 7:30p.m. with public works, highway, landfill, social services, mini bus, youth services, emergency aid and senior center.
05/15/01 Town Hall Lower Level 7:30p.m. with police, fire, town clerk, tax collector and board of selectmen.
05/23/01 Fire Station 7:30p.m. Review of input received from commissions.
06/06/01 Town Hall Lower Level 7:30p.m. Review with Town Attorney.”
11. It is found that the meetings specified in paragraph 10, above, were open meetings at which the respondent “re-held” the special meetings described in paragraph 5, above, in an effort to comply with the FOI Act and to cure the FOI deficiencies inherent in the earlier meetings. It is found that the notice for the meetings described in paragraph 10, above, was in compliance with §1-225(d), G.S. It is further found that the respondent timely made available minutes of such meetings, within the meaning of §1-225(a), G.S., by filing such minutes with the Suffield town clerk.
On the basis of the record concerning the above-captioned complaint, no order by the Commission is recommended.
Approved by Order of the Freedom of Information Commission at its regular meeting of January 9, 2002.
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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:
Charter Revision Commission
Town of Suffield
c/o Edward G. McAnaney, Esq.
McAnaney & McAnaney
Suffield Village
Suffield, CT 06078
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-212/FD/paj/1/11/2002