FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Michael Aurelia, | |||
| Complainant | |||
| against | Docket #FIC 2005-186 | ||
|
Victor Coudert, Jr., Chairman, Board of Ethics, Town of Greenwich; and Board of Ethics, Town of Greenwich, |
|||
| Respondents | March 8, 2006 | ||
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 of complaint dated April 24, 2005, and filed on April 28, 2005, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by:
i) failing to maintain all the records the complainant requested in his letter dated March 22, 2005 in the town clerk’s office or to provide him with timely access to such records;
ii) failing to provide the complainant with copies of the requests for advisory opinions addressed at the March 3, 2005 meeting; and
iii) failing to provide the complainant with copies of the advisory opinions described in 2ii, above.
The complainant requested that the Commission impose a civil penalty in this matter and that the respondent board be directed to pay for the expenses incurred by the complainant in filing this complaint.
3. With respect to the allegations described in paragraph 2i, above, it is found that by letter dated March 22, 2005, the complainant requested that the respondent chairman provide him with answers to several questions, and in addition, provide him with a copy of the following records: a) “the two letters requesting the advisory opinions”, (b) “the two advisory opinions issued on 3/3/05”, (c) the March 3, 2005 special meeting minutes and (d) the agenda for the March 3, 2005 special meeting (collectively “requested records”).
4. With respect to the answers sought by the complainant, it is found that the respondent chairman is not obligated by the FOI Act to respond to questions. The FOI Act requires that the respondent chairman promptly provide the complainant with access to records that are maintained and kept on file by the respondents.
5. With respect to the records requested by the complainant and described in paragraph 3a and 3b, above, it is found that the respondents maintain records responsive to such request, and the respondents provided the complainant with copies of such records on or about July 29, 2005.
6. Section 1-200(5), G.S., provides:
“Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.
7. Section 1-210(a), G.S., further provides, in relevant part:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours …or (3) receive a copy of such records in accordance with section 1-212. Any agency rule or regulation, or part thereof, that conflicts with the provisions of this subsection or diminishes or curtails in any way the rights granted by this subsection shall be void….
8. Section 1-212(a), G.S., also provides, in relevant part:
Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.
9. It is concluded that the requests for advisory opinions, and the advisory opinions are public records within the meaning of §§1-200(5), 1-210(a) and 1-212(a), G.S.
10. The Commission takes administrative notice of the final decision in contested case docket #FIC 2004-408, Michael Aurelia v. Victor Coudert, Jr., Chairman, Board of Ethics, Town of Greenwich; and Board of Ethics, Town of Greenwich, appeal pending, Chairman, Board of Ethics, Town of Greenwich et al. v. Freedom of Information Commission et al., CV 05 4005399, Sup. Ct., Jud. Dist. of New Britain at New Britain (2004) (hereinafter “FIC 2004-408”). In FIC 2004-408 the Commission concluded that the advisory opinions issued by the respondents are not exempt from disclosure, and that Article 2, §2-12(b) of the Greenwich Code of Ethics, to the extent that it requires the issuing of confidential or secret advisory opinions, is void as it conflicts, diminishes and curtails the public’s rights granted pursuant to §1-210(a), G.S.
11. It is also found that the respondents failed to prove that the requests for advisory opinions, and the advisory opinions at issue herein, were exempt from disclosure during the period between the receipt of the complainant’s request and their provision of access to such records on or about July 29, 2005.
12. It is therefore concluded that the respondents violated §1-210(a), G.S., by failing to promptly provide the complainant with a copy of the requests for advisory opinion and the advisory opinions.
13. With respect to the records requested and described in paragraph 3c and 3d, above, it is found that by letter dated April 7, 2005, counsel for the respondents provided the complainant with a copy of the requested minutes and agenda.
14. It is concluded that the minutes and agenda, are public records within the meaning of §§1-210(a) and 1-212(a), G.S., and the respondent chairman did not provide the complainant with a copy of such records promptly, within the meaning of those provisions. Consequently, the respondent chairman violated §§1-210(a) and 1-212(a), G.S.
15. With respect to the complainant’s contention that the respondents failed to maintain all of the requested records in the town clerk’s office, it is found that the issue of where the respondent board’s records are to be maintained was previously addressed in FIC 2004-408, supra. The Commission takes administrative notice of its Order in FIC 2004-408, which indicated, in relevant part:
2. Forthwith, the respondents shall arrange to have all of the [respondent] BOE’s records stored at the town clerk’s office, in accordance with §1-210(a), G.S.
16. The Commission also takes administrative notice of the fact that the Final Decision in FIC 2004-408 was issued by the Commission on May 17, 2005, after the complainant filed the instant appeal.
17. Therefore, the Commission in its discretion declines to consider the imposition of a civil penalty in this matter.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth, the respondents shall strictly comply with the promptness provision of §1-210(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 8, 2006.
________________________________
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:
Michael Aurelia
72 Oak Ridge Street
Greenwich, CT 06830
Victor Coudert, Jr., Chairman, Board
of Ethics, Town of Greenwich; and
Board of Ethics, Town of Greenwich
c/o Abby Wadler, Esq.
Assistant Town Attorney
PO Box 2540
101 Field Point Road
Greenwich, CT 06836-2540
___________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2005-186FD/paj/3/14/2006