OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on December 17, 2003, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. 

For purposes of hearing, the above captioned matter was consolidated with Docket #s FIC 2003-221; Nancy Beardsley, Grant Lauer, and Barbara Pond v. John Fortunato, Philip Leary, and David Connelly, as members, Building and Maintenance Committee, Board of Parks Commissioners, City of Bristol; and Building and Maintenance Committee, Board of Parks Commissioners, City of Bristol; FIC 2003-223; Nancy Beardsley, Grant Lauer, Marilyn Delfino and Barbara Pond v. Frank Nicastro, Sr., Chairman, Board of Parks Commissioners, City of Bristol; John Fortunato, Philip Leary, Cynthia Donovan, David Connelly, and Francis Mullins, as members, Board of Parks Commissioners, City of Bristol; and Board of Parks Commissioners, City of Bristol; and FIC 2003-224; Nancy Beardsley, Grant Lauer, and Barbara Pond v. Frank Nicastro, Sr., Chairman, Board of Parks Commissioners, City of Bristol; John Fortunato, Philip Leary, Cynthia Donovan, David Connelly, and Francis Mullins, as members, Board of Parks Commissioners, City of Bristol; and Board of Parks Commissioners, City of Bristol. 

Further, prior to the hearing in this matter, the complainants Cynthia Bill and Rich Armington withdrew their complaint in this matter and the caption above has been changed accordingly. 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1.      The respondents are public agencies within the meaning of §1-200(1), G.S.

 

2.      By letter June 9, 2003, and filed on June 11, 2003 the complainants appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to make the Board of Parks Commissioners’ April 16, 2003 meeting minutes available at the town clerk’s office on or about April 24, 2003 and by filing incomplete minutes of the respondent board’s April 16, 2003 meeting at the town clerk’s office. 

 

3.      Section 1-210(a), G.S., provides in relevant part that “[e]ach such agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place . . . Each such agency shall make, keep and maintain a record of the proceedings of its meetings.

 

4.      It is found that when the complainants first requested a copy of the respondents’ April 16, 2003 minutes on April 24, 2003 from the town clerk’s office, a person in that office could not find them and the complainants were not able to obtain a copy of the minutes at that time.

 

5.      It is also found that the respondents’ April 16, 2003 minutes stated that a copy of certain letters were attached to the minutes, which letters were not attached to the minutes the complainants inspected and copied at the town clerk’s office on April 25, 2003.

 

6.      It is found however that a copy of the respondents’ April 16, 2003 minutes, with the letters described in paragraph 5, above, attached are maintained in the office of the respondent board and were available there for public inspection and copy at the time of the complainants’ request. 

 

7.      It is concluded therefore that the respondents did not violate the FOI Act as alleged by the complainants.

 

 

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

 

            1.  The complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 25, 2004.

 

___________________________________

Dolores E. Tarnowski

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:

 

 

Nancy Beardsley

30 Page Avenue

Bristol, CT  06010

 

Grant Lauer

51 Moody Street

Bristol, CT  06010

 

Marilyn Delfino

Three Dewitt Drive

Bristol, CT  06010

 

Barbara Pond

383 Woodland Street

Bristol, CT  06010

 

John Fortunato, Philip Leary, Cynthia

Donovan, David Connelly, and Francis

Mullins, as members, Board of Parks

Commissioners, City of Bristol; Frank

Nicastro Sr., Chairman, Board of Parks

Commissioners, City of Bristol; and

Board of Parks Commissioners, City of Bristol,

c/o Dean B. Kilbourne, Esq.

Office of Bristol Corporation Counsel

111 North Main Street

Bristol, CT  06010

 

 

___________________________________

Dolores E. Tarnowski

Clerk of the Commission

 

FIC/2003-222/FD/mes/03/02/2004