FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In
the Matter of a Complaint by FINAL
DECISION
Caroline
L.D. Mendillo,
Complainant
against Docket #FIC 94-78
Chairman,
Stratford Theater Advisory Committee,
Respondent October 17, 1994
The above-captioned matter was
heard as a contested case on April 15, 1994, at which time the complainant and
the respondent appeared and presented testimony, exhibits and argument on the
complaint. The hearing was reopened on
August 15, 1994, to permit the complainant to offer new evidence on the
complaint, but the complainant failed to appear at that time. Accordingly, the Commission declines to
disturb the findings reached at the conclusion of the April 15, 1994 hearing
into this matter, which are as follows.
After consideration of the
entire record, the following facts are found and conclusions of law are
reached:
1. By letter of complaint filed with this Commission on March 15,
1994, the complainant alleged that the respondent violated the provisions of
the Freedom of Information ("FOI") Act by failing to respond to her
request for minutes of the respondent's meetings.
2. It is found that by letter dated March 4, 1994, the complainant
requested of the respondent the minutes of any and all meetings during which
discussion of any of the three proposals submitted for the renovation of the
Shakespeare Theatre property was discussed.
3. It is found that the Deputy Commissioner of the Department of
Economic Development ("DED") intended to respond to the complainant's
inquiries about the Stratford Theater by providing to her any staff notes or
memoranda that were in fact in existence, but he did not believe that the
respondent was required to record official minutes. Finally, when he learned that the complainant wanted further
records, he had staff notes transcribed into minutes.
4. The respondent's position at the hearing was that any and all DED
records relating to the Stratford theater are available for public inspection
but that the respondent is not a public agency for purposes of the FOI Act.
Docket
#FIC 94-78 Page
2
5. It is found that by letter dated March 4, 1992, the Governor
designated the DED to look into development options for the Stratford Theater.
6. It is found that based on that March 4, 1992 letter, the Deputy
Commissioner of DED sought input from staff-level individuals from various
areas of state government (which comprise the membership of the respondent),
and that these staff people met on several occasions to share their impressions
of various development options for the Stratford Theater with the Deputy
Commissioner.
7. It is found that the respondent was created by state government
within the meaning of Board of Trustees v. FOI Commission, 181 Conn. 544, 554
(1980).
8. It is also found, however, that the respondent is not publicly
funded within the meaning of Board of Trustees, supra.
9. It is also found that the respondent is not subject to governmental regulation or oversight within
the meaning of Board of Trustees, supra.
10. It is also found that the respondent does not perform a
traditional public function within the meaning of Board of Trustees, supra.
11. On balance, it is concluded that the respondent is not the
functional equivalent of a public agency within the meaning of Board of
Trustees, supra, and Connecticut Humane Society v. FOI Commission, 218 Conn.
757 (1991).
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1. The complaint is hereby dismissed.
Approved
by Order of the Freedom of Information Commission at its special meeting of
October 12, 1994.
Debra
L. Rembowski
Clerk
of the Commission
Docket
#FIC 94-78 Page
3
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:
CAROLINE
L.D. MENDILLO
50
Shore Road
Stratford,
CT 06497
CHAIRMAN,
STRATFORD THEATER ADVISORY COMMITTEE
c/o
William J. Prensky, Esq.
Assistant
Attorney General
110
Sherman Street
Hartford,
CT 06105
Debra
L. Rembowski
Clerk of the Commission