FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on August 18, 2008, at which time the complainant and the respondent Department of Mental Health and Addiction Services (“DMHAS”) appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. For purposes of the hearing, this matter was consolidated with Docket #FIC 2008-146, Patrick Dolan v. Chairman, Community Advisory Board, State of Connecticut, Department of Mental Health and Addiction Services, Southeastern Mental Health Authority; and State of Connecticut, Department of Mental Health and Addiction Services.  The respondent Community Advisory Board, having been added as a respondent to Docket #FIC 2008-146 following the June 20, 2008 hearing, failed to appear on August 18, 2008, when both Docket #FIC 2008-146 and Docket #FIC 2008-308 were heard.

 

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)(A), G.S.

 

2.      It is found that the Department of Mental Health and Addiction Services (“DMHAS”) provides administrative support to the Community Advisory Board.  It is found that the Community Advisory Board operates under the auspices of the Southeastern Mental Health Authority, which the DMHAS website describes as “the clinical, administrative and fiscal ‘umbrella’ for all mental health services in Southeastern Connecticut funded by the State of Connecticut Department of Mental Health and Addiction Services.”

 

3.      By letter dated March 26, 2008, and filed March 28, 2008, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to permit him to videotape a public meeting of the respondent Community Advisory Board.

 

4.      Section 1-226, G.S., provides:

 

(a) At any meeting of a public agency which is open to the public, pursuant to the provisions of section 1-225, proceedings of such public agency may be recorded, photographed, broadcast or recorded for broadcast, subject to such rules as such public agency may have prescribed prior to such meeting, by any person or by any newspaper, radio broadcasting company or television broadcasting company.  Any recording, radio, television or photographic equipment may be so located within the meeting room as to permit the recording, broadcasting either by radio, or by television, or by both, or the photographing of the proceedings of such public agency.  The photographer or broadcaster and its personnel, or the person recording the proceedings, shall be required to handle the photographing, broadcast or recording as inconspicuously as possible and in such manner as not to disturb the proceedings of the public agency.  As used herein the term television shall include the transmission of visual and audible signals by cable.

 

 (b)  Any such public agency may adopt rules governing such recording, photography or the use of such broadcasting equipment for radio and television stations but, in the absence of the adoption of such rules and regulations by such public agency prior to the meeting, such recording, photography or the use of such radio and television equipment shall be permitted as provided in subsection (a).

 

5.       While §1-226, G.S., permits the respondent Board to implement rules regarding the videotaping of its meetings, such provision also grants the public a right to videotape public meetings.  Section 1-226, G.S., inherently contemplates that both the agency and the public must act “reasonably” so that both parties’ rights may coexist harmoniously.  

    

6.       It is found that, prior to the March 23, 2008 meeting, the complainant asked the assistant to the CEO of Southeastern Mental Health Authority whether there were any rules or regulations concerning the recording of meetings of the Authority’s Community Advisory Board.  It is further found that the by-laws of the Community Advisory Board contain no such rules or regulations.

 

7.      It is found that the assistant told the complainant that there were no rules or regulations concerning the recording of meetings of the Community Advisory Board.

 

8.      It is found that the complainant, therefore, attended the March 23, 2008 meeting and set up his tripod at the end of the Board members’ table. 

 

9.       It is found that the President of the Community Advisory Board refused to let the complainant videotape the meeting.  It is further found that the CEO of the Southeastern Mental Health Authority was present in his capacity as advisor to the Board, but that he did nothing to facilitate the complainant’s right to videotape the meeting.

 

10.   It is found that the complainant was neither threatening in his demeanor nor disruptive to the meeting. 

 

11.   Accordingly, it is concluded that the respondent Community Advisory Board violated §1-226, G.S., of the FOI Act by prohibiting the complainant from making a videotape recording of the Board’s March 23, 2008 meeting.

 

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

 

1.      The respondent Community Advisory Board shall forthwith implement a policy that is in keeping with the requirements of §1-226, G.S.

 

2.  The complaint against DMHAS is dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 22, 2008.

 

 

________________________________

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:

 

Patrick Dolan

4 Philanne Drive

Norwich, CT 06360

 

Chairman, Community Advisory Board,

State of Connecticut, Department of

Mental Health and Addiction Services,

Southeastern Mental Health Authority

c/o Michael S. Bonnano, Esq.

Geraghty & Bonnano, LLC

21 Montauk Avenue, Suite 202

PO Box 231

New London, CT 06320

 

State of Connecticut, Department of

Mental Health and Addiction Services

c/o Jacqueline S. Hoell, Esq.

Assistant Attorney General

55 Elm Street

PO Box 120

Hartford, CT 06141-0120

 

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2008-308FD/paj/10/27/2008