Final Decision FIC2013-270
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In the Matter of a Complaint by |
FINAL DECISION | |
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Walter Casey,
Complainant |
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against
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Docket #FIC 2013-270 | |
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EMS Review Committee, Town of
Darien; and Town of Darien, Respondents |
April 23, 2014 |
The above-captioned matter was heard as a contested case on March 27, 2014 and April 17, 2014, at which times the complainant and the respondents appeared 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. The respondents are public agencies within the meaning of §1-200(1)(A), G.S.
2. By letter dated April 28, 2013, post marked April 30, 2013, and received by the Freedom of Information Commission (“Commission”) on May 2, 2013, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information Act (“FOIA”) Act by:
a) failing to notice various meetings of the respondent Committee;
b) failing to file agendas for various meetings of the respondent Committee; and
c) failing to file minutes for various meetings of the respondent Committee.
b) failing to file agendas for various meetings of the respondent Committee; and
c) failing to file minutes for various meetings of the respondent Committee.
3. Section 1-206(b)(1), G.S., states in relevant part:
A notice of appeal shall be filed not later than thirty days after such denial, except in the case of an unnoticed or secret meeting, in which case the appeal shall be filed not later than thirty days after the person filing the appeal receives notice in fact that such meeting was held. For purposes of this subsection, such notice of appeal shall be deemed to be filed on the date it is received by said commission or on the date it is postmarked, if received more than thirty days after the date of the denial from which such appeal is taken.
4. Section 1-225(a), G.S., states in relevant part:
Not later than seven days after the date of the session to which such minutes refer, such minutes shall be available for public inspection….
5. It is found, based upon a letter from the complainant to the Commission, that the complainant received notice in fact on February 28, 2013 that a meeting of the respondent Committee was held by telephone conference call on January 17, 2013.
6. It is also found that the complainant had received notice in fact that a meeting of the respondent Committee was held during November 2012 when the complainant discussed the meeting in his letter to the editor of the Darien Times, published on March 7, 2013.
7. It is further found that the complainant had notice in fact of an April 12, 2012 meeting of the respondent Committee when he wrote a letter concerning this meeting to the First Selectman of Darien on May 4, 2012.
8. It is found that no minutes concerning the January 17, 2013 meeting were prepared or made available for public inspection.
9. It is found that the minutes for the November 28, 2012 meeting of the respondent Committee were filed with the Town Clerk on November 30, 2012.
10. It is found that the minutes for the April 12, 2012 meeting of the respondent Committee were filed with the Town Clerk on May 9, 2012.
11. It is found that from September 30, 2009 through December 31, 2013, the respondent Committee had only ten meetings and that minutes for nine of these meetings are on file with the town clerk. It is finally found that the respondent Committee, which was purely advisory, went out of legal existence on December 31, 2013.
12. It is concluded that, pursuant to §1-206(b)(1), G.S., the Commission does not have jurisdiction over any alleged violations of the requirements to notice meetings or to file agendas for meetings that are the subject of this complaint. Because the complainant had notice in fact of all the relevant meetings prior to March 31, 2013, he has not met the requirement to file his complaint with the Commission within thirty days after having notice in fact that the meetings were held.
13. At the hearing, the respondent Committee stipulated, and it is concluded that the respondent Committee violated the requirements of §1-225(a), G.S., by failing to prepare and have available for public inspection minutes of its January 17, 2013 meeting.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Because the respondent Committee no longer exists, no order by the Commission is recommended.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 23, 2014.
__________________________
Cynthia A. Cannata
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:
Walter Casey
8 Webster Valley Road
Darien, CT 06820
8 Webster Valley Road
Darien, CT 06820
EMS Review Committee, Town of
Darien; and Town of Darien
c/o John Wayne Fox, Esq.
Curtis Brinkerhoff & Barrett, P.C.
666 Summer Street
Stamford, CT 06901
Darien; and Town of Darien
c/o John Wayne Fox, Esq.
Curtis Brinkerhoff & Barrett, P.C.
666 Summer Street
Stamford, CT 06901
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
FIC/2013-270/FD/cac/4/23/2014