FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on July 7, 2011, at which time the complainant 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 letter dated March 7, 2011 and filed on March 9, 2011, the complainant appealed to this Commission alleging that the respondent had violated the Freedom of Information (“FOI”) Act by failing to accurately record the votes taken at its January 25, 2011 meeting.

 

3.      Section 1-225(a), G.S., provides in relevant part that:

 

The votes of each member of any such public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken. 

 

4.      It is found that the respondent town council held a meeting on January 25, 2011, at which votes were taken.

 

5.      It is found that the minutes of the January 25, 2011 meeting only indicated that “actions passed” and did not indicate how each of the members of the respondent town council voted.

 

6.      At the hearing on this matter, counsel for the respondent acknowledged that the January 25, 2011 meeting minutes should have indicated that the actions were passed unanimously with no abstentions and represented that the respondent town council has advised its secretary of the proper method of recording votes.

 

7.      It is concluded therefore that the respondent town council violated §1-225(a), G.S., by failing to properly record the votes taken at its January 25, 2011 meeting.

 

 

On the basis of the record concerning the above-captioned complaint, no order is recommended by the Commission.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of November 16, 2011.

 

__________________________

Cynthia A. Cannata

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:

 

Wesley Lubee

15 Montowese Trail

Wallingford, CT  06492

 

Town Council, Town of Wallingford

c/o Gerald E. Farrell, Esq. and

Janis M. Small, Esq.

Office of the Town Attorney

45 South Main Street

Wallingford, CT  06492

 

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

FIC/2011-121/FD/cac/11/16/2011