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FREEDOM OF INFORMATION COMMISSION |
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In
the Matter of a Request |
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Advisory Opinion #21 |
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John F. Harvey as Town Attorney for the Town of
Wethersfield, Applicant |
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October 13, 1976 |
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The Commission granted the above noted request for an advisory opinion on behalf of the Town of Wethersfield at its meeting of August 11, 1976, requesting the advice of the Commission concerning the code of ethics of that town.
The Town of Wethersfield has established a code of ethics and a Board of Ethics by an ordinance presently in effect. The code of ethics provides that the minutes of the Board of Ethics shall be confidential as provided by Sec. 1-20, G. S., as that statute stood prior to the adoption of P.A. 75-342.
After explaining the need for the confidentiality of the Board's records and proceedings, the applicant discussed another provision concerning the need for the confidentiality of the responses to the complaints of persons complained against.
Briefly stated, this applicant asks the Commission to make an exception to the explicit language of P.A. 75-342 for reasons of policy, convenience, and the protection of the privacy of individuals dealing with the Board of Ethics.
Section 1 (c) of P.A. 75-342 defines public records or files. That definition encompasses all of the records of the Board of Ethics of the Town of Wethersfield including, among other records, complaints alleging violations of the code of ethics, the written responses to complaints, and the recorded decisions of the Board of Ethics.
The only exception to the requirement of access is provided by Sec. 2(a), which is limited to exceptions provided by State statutes. Beyond that, P.A. 75-342 requires that all records maintained or kept on file by this public agency shall be public records and that every person shall have the right to inspect or copy such records.
The comments, suggestions, and criticisms offered by the Town Attorney have been noted by the Commission. These remarks address the wisdom of the statute and do not provide a reason for finding that records or minutes of the Board of Ethics may be with held from access as part of the records of a public agency under P.A. 75-342.
The Commission concludes that the records of the Board of Ethics of the Town of Wethersfield are public records within the definition of Sec. l(d) of the Freedom of Information Act, subject only to the exceptions specified by that statute. Access must be permitted for the inspection and copying of complaints, replies to complaints, decisions of the Board of Ethics, and such other public records as shall be kept and maintained within the Board's custody under Sec. 2 of P.A. 75-342.
By Order of the Freedom of
Information Commission
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Herbert Brucker, Chairman of
of the Freedom of Information
Commission
Date __10 November, 1976__
Ordered_________________
Louis J. Tapogna, Clerk