FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Anthony C. Krzeminski,

Complainant(s)

against Docket #FIC1995-406

Allingtown Board of Fire Commissioners,

Respondent(s) August 28, 1996

The above-captioned matter was heard as a contested case on April 9, 1996, at which time the complainant(s) and respondent(s) appeared and presented testimony, exhibits and argument on the complaint. This case was consolidated for hearing with Docket #FIC1995-344, Charles Andreoli v. Allingtown Board of Fire Commissioners.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. The respondent is a public agency within the meaning of §1-18a(a), G.S.

2. It is found that on both October 19, 1995 and October 21, 1995, the respondent board held an emergency meeting.

3. It is found that the October 19^th meeting was held at the home of the chairman of the respondent board, Mark Vere, and the October 21st meeting was held at the Minor Park Fire Station.

4. It is found that in mid-November 1995, the complainant orally requested that the respondent board provide him with a copy of the agendas and minutes of each emergency meeting.

5. It is found that the respondent instructed the complainant to make a written request for the desired records.

6. It is found that on November 28, 1995, the complainant made a written request for the agendas and minutes of the October emergency meetings.

7. By letter of complaint dated December 1, 1995, and filed with the Commission on December 5, 1995, the complainant alleged that the respondent violated the Freedom of Information Act by failing and refusing to provide him with a copy of the agendas and minutes of the board’s October 19 and October 21, 1995 meetings.

8. It is found that the requested records are public records within the meaning of §1-18a(d), G.S., which must be available for public inspection and copying as set forth in §§1-19(a) and 1-21(a), G.S.

9. Section 1-21(a), G.S., requires that a copy of the minutes of every emergency special meeting “adequately [set] forth the nature of the emergency and the proceedings occurring at such meeting” and that the minutes be filed with the secretary of the state or clerk of the municipal agency or entity “not later than seventy-two hours following the holding of such meeting” (emphasis added).

10. It is found that while the respondent board was not required to file an agenda for its October emergency meetings, it failed to file the required minutes for each meeting within seventy-two hours of the date of the meeting, and therefore it is concluded that the respondent board violated the filing provisions expressly set forth in §1-21(a), G.S.

11. It is found further that the respondent board failed to promptly provide the complainant with a copy of the requested records.

12. It is therefore concluded that the respondent board violated the disclosure provisions of §§1-15(a) and 1-19(a), G.S.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. Henceforth the respondent board shall strictly comply with the provisions for filing and providing access to, or copies of minutes of its meetings as clearly set forth in §§1-21(a), 1-15(a) and 1-19(a), G.S.

Approved by Order of the Freedom of Information Commission at its regular meeting of .August 28, 1996.

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

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:

Anthony Krzeminski

1 Robert Street

West Haven, CT 06516

Allingtown Board of Fire Commissioners

c/o Louis Smith Votto, Esq.

P.O. Box 411

West Haven, CT 06516

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission