FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL DECISION
Martin A. Lang,
Complainant
against Docket #FIC 86-255
Station Three
Firehouse Committee of the Town of Fairfield,
Respondent January 14, 1987
The above captioned matter was
scheduled for hearing on October 7, 1986, at which time it was continued to
October 29, 1986, at which time the parties appeared and presented evidence and
argument on the complaint.
After consideration of the entire
record, the following facts are found:
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2.
By complaint filed with the Commission on September 9, 1986, the
complainant alleged, among other things, that the respondent failed to provide
copies of minutes of meetings of the respondent.
3.
By letter dated August 12, 1986, the complainant requested minutes of
the meetings of the Station Three Firehouse Committee (the building committee)
which were deposited with the town clerk from June 1985 through July 1986.
4.
By telephone, the town clerk attempted to discover more precisely what
minutes the complainant sought.
5.
After concluding that the complainant was not interested in minutes of
meetings which took place before February 1986, she requested that the
Firehouse Committee Secretary provide these to the complainant.
Docket #FIC
86-255
page two
6.
Thereafter no minutes for the building committee were provided to the
complainant until the day of the hearing held before the Freedom of Information
Commission.
7.
The respondent committee was charged with site selection for a new
firehouse.
8.
It is found that a meeting of the respondent was held on March 27, 1986,
which included a public hearing and an executive session, and that no minutes
of this meeting were compiled.
9.
It is found that on June 30, 1986, a subcommittee of members of the
respondent held a meeting in which they inspected potential sites for the
firehouse and made a decision to recommend specific sites for land acquisition,
but that no minutes of this meeting were compiled.
10. It is found that on July 1 and
2, 1986, members of the respondent telephoned the members of the building
committee to determine if the site chosen by them for the firehouse was
acceptable.
11. It is concluded that the
telephone calls made by members of the subcommittee of the respondent to
members of the building committee was a meeting of the respondent within the
meaning of 1-18a(b), G.S. because it was communication by or to a quorum
of a multi-member public agency, by means of electronic equipment, to discuss
or act upon a matter over which the public agency has supervision, control,
jurisdiction or advisory power.
12. No minutes were filed concerning
the telephonic meeting conducted by members of the subcommittee of the
respondent with members of the respondent on July 1 and July 2, 1986.
13. It is concluded that the
respondent failed to file minutes for its meetings on March 27, June 30, and
July 1 and 2, 1986.
14. The complainant seeks an order
declaring the June 30, 1986 action of the committee null and void, and the
imposition of a civil penalty upon the members of the respondent who are
responsible for its failure to file minutes.
Docket #FIC
86-255
page three
15.
It is found that, under the circumstances of the case, neither a civil
penalty nor any order declaring the recommendation of a site null and void is
appropriate.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above captioned complaint.
1.
The respondent shall henceforth comply with the minutes requirements of
1-21 and 1-19(a), G. S.
2.
The Commission urges the respondent to make a much greater effort to
keep the requirements of the Freedom of Information Act in mind, and to give
them the same priority as the tasks for which the respondent is established.
Approved by order of the Freedom of
Information Commission at its regular meeting of January 14, 1987
ÿ
Catherine I. Hostetter
Acting Clerk of the Commission