FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Supplemental Final Decision

 

Mary Ellen Wolf,

 

                                Complainant

 

                against                   Docket #FIC 94-346

 

Windsor Housing Authority Board of Commissioners,

 

                                Respondent                          November 22, 1995

 

                On December 14, 1994 the Commission rendered a final decision in this matter after an expedited hearing as to certain issues raised in the complaint.  The remaining issues were left to be considered after a further hearing.  After due notice, the above-captioned matter was again heard as a contested case with respect to the remaining issues on November 15, 1995, 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 and conclusions of law are reached:

 

                1.  All findings and conclusions set forth in the final decision in this matter dated December 14, 1994 are incorporated by reference as if fully set forth herein.

 

                2.  In the letter of complaint dated and filed December 6, 1994, the complainant alleged that the respondent's minutes of eight meetings do not accurately reflect the business transacted at those meetings.

 

                3.  The complainant contends that the minutes of the meetings in question do not accurately record the proceedings of such meetings, do not contain all the votes of each member of the respondent, and contain votes that were not taken, in violation of the Freedom of Information Act.

 

                4.  The respondent contends that the Commission lacks jurisdiction to consider the merits of the allegations described in paragraph 2 of the findings, above.

 

Docket #FIC 94-346 (Supplemental)                       Page 2

 

                5.  Section 1-19(a), G.S., provides in material part that each public "agency shall make, keep and maintain a record of the proceedings of its meetings."

 

                6.  In addition, 1-21(a), G.S., provides in material part:

 

                The votes of each member of any such public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken, which minutes shall be available for public inspection within seven days of the session to which they refer.

 

                7.  It is concluded that the Commission has jurisdiction to consider the merits of the complainant's allegations herein by virtue of 1-19(a), 1-21(a) and 1-21i(b), G.S.

 

                8.  It is found that the respondent approved minutes of the meetings in question.

 

                9.  It is concluded that it is the respondent's duty under 1-19(a) and 1-21(a), G.S., to maintain minutes that fairly reflect the proceedings at its meetings and that contain an accurate record of the votes of each of its members on each issue raised at its meetings.

 

                10.  Although there are some discrepancies between the unapproved and approved minutes in question, it is found that the minutes of the meetings in question do not unfairly reflect what occurred during such proceedings or that such minutes are not a materially inaccurate record of the votes taken at the meetings in question.

 

                11.  Consequently, it is concluded that the complainant failed to prove that the respondent violated 1-19(a) and 1-21(a), G.S.

 

                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 with respect to the issues addressed herein.

 

                2.  The Commission notes that the parties hereto are engaged in matters pertaining to their underlying disputes in other forums.  Any particular inacuracies in the minutes in question are better left to the findings of such other forums.

 

Docket #FIC 94-346 (Supplemental)                  Page 3

 

Approved by Order of the Freedom of Information Commission at its special meeting of November 22, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 94-346 (Supplemental)                  Page four

 

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:

Mary Ellen Wolf

c/o David M. Moore, Esq.

Carella & Moore

955 South Main Street

Middletown, CT 06457

 

Windsor Housing Authority Board of Commissioners

c/o Herbert Beckmeir, Esq.

80 Cedar Street

Hartford, CT 06106

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission