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FREEDOM OF INFORMATION COMMISSION |
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In
the Matter of a Request |
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Advisory Opinion #4 |
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Inez
T. Clark, Applicant |
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December 4, 1975 |
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On November 21, 1975, the Commission considered and agreed to respond to a request for an advisory opinion by the applicant as Town Clerk of the Town of Southbury.
The applicant requested that the Commission state a "deadline for the actual filing of the minutes" of local Commissions in the Office of the Town Clerk.
Section 6 of Public Act 75‑342 states an amendment to Section 1‑21 of the General Statutes. As formerly codified, Section 1‑21 clearly refers to votes of each member of the public agency upon any issue before such body when in executive session. Section 6 has amended Section 1‑21, but has not altered the meaning of this provision.
On the basis of this distinction, the Commission hereby advises you as follows:
1. When the local Commission or public agency convenes in executive session, as provided by Section l(e) of Public Act 75‑342, the vote of each member of the public agency upon any issue before the public agency shall be reduced to writing and made available for public inspection within 48 hours, excluding any Saturday, Sunday or legal holiday. Such writing shall be made available for public inspection in the office or in the place where the records of public agency are normally kept for public inspection or, in the absence of such an office, at the Office of the Town Clerk. In addition to being recorded in writing and made available for public inspection within 48 hours, the votes of each member in executive session shall also be recorded in the minutes of the session at which the vote is taken, which minutes shall be a part of the minutes and other public records of the public agency.
2. The minutes of any meeting of a public agency which is not held in executive session shall be available for public inspection at all reasonable times, either at the office of the public agency or, in the absence of such an office, in the Office of the Town Clerk. Such minutes must be drafted and made available for public inspection within a reasonable time after the date of the meeting. The minutes may not be withheld from public inspection for any reason arising out of the fact that such minutes have not yet been corrected or approved by a vote of the public agency at a subsequent meeting. In other words, the secretary or other person keeping such minutes must produce and file such a record within a reasonable time, which the Commission estimates to be one week or less after the date of the meeting in most cases.
3. By a vote the General Assembly refers to all of the components of a parliamentary action involved in the adoption of resolutions by the public agency. The first such component is the resolution itself. The second such component is the ultimate adoption, rejection, or tabling of the resolution at the meeting. The third component is a statement of the identities of the members of the public agency voting for or against the resolution or abstaining for any reason. All three components must be included in the report that must be filed within 48 hours after conclusion of an executive session. The report and the minutes concerning an executive session shall omit all references to the discussion of any resolution taken up in executive session.
By Order of the Freedom of
Information Commission
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Herbert Brucker, Chairman of
of the Freedom of Information
Commission
Date ___________________
Ordered_________________
Louis J. Tapogna, Clerk