FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Sandra Wright,
Complainant,
against Docket
#FIC 87-246
East Haven Board of
Education,
Respondent December
15, 1987
The above-captioned matter was heard as a contested case
on September 29, 1987, 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:
1. The respondent
is a public agency within the meaning of §1-18a(a), G.S.
2. By letter
dated August 28, 1987, and filed with the Commission on August 31, 1987, the
complainant appealed to the Commission, alleging the respondent failed to make
available to the public within the required time period the votes taken at its
August 25, 1987, regular meeting. The
complainant also requested a null and void order.
3. The respondent
claims that the record of the votes was available to the public within the
required time.
4. It is found
that the respondent's administration office is its regular place of business.
5. It is found
that on both August 27 and 28, 1987, the complainant asked the East Haven town
clerk to see the record of votes taken at the respondent's August 25, 1987,
meeting.
6. It is found
that this voting record was not available at the town clerk's office.
7. It is found,
however, that the voting record was available to the public at the respondent's
administration office within the required forty-eight-hour time period.
8.
It
is concluded that the respondent did not violate the
9.
Docket #87-246 Page
Two
§1-21(a), G.S., requirement
to make the record of votes taken at its meetings available to the public
within forty-eight hours.
9. Nonetheless,
it is found that in the past the respondent was not always consistent in its
filing practice or in its staff's explanation of it to members of the public.
10. It is found,
therefore, that the public could be confused, as the complainant was, about
where to obtain the records in question.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The respondent
forthwith shall inform the East Haven town clerk that all future requests for
the respondent's records of votes should be referred to the respondent's
administration office.
2. The respondent
forthwith shall instruct its staff to explain clearly to members of the public
who request the record of votes where and when they are filed.
3. The respondent
forthwith shall provide each member of its administrative staff, as well as the
East Haven town clerk, with a copy of this decision.
4. The Commission
declines to issue a null and void order.
Approved by order of the Freedom of Information
Commission at its special meeting of December 15, 1987.
Catherine
H. Lynch
Acting
Clerk of the Commission