11.21.09
Daley Court FOIA Issue Put to Bed - Somewhat
So, the Daley Court issue in which Jon Searles filed an FOIA complaint has been put to rest, or almost that is. The State FOI Commission has issued a preliminary finding in Jon’s appeal. See: http://www.brainflation.com/2009/11/16/foi-town-held-secret-meetings/
Take a moment and read the findings by the State FOI Commission. It seems as though the Council Clerk takes the hit for “forgetting” to post the proper announcements. Okay everyone, I find that just a little hard to believe - after all, Angela is responsible for the postings of many notices related to Town Council businss, of which she does quite well….so, I am a little bit surprised of the findings….
Anyone else have some comments?
John Ryan said,
November 21, 2009 at 10:21 pm
My take on the FOI Decision
From Mr. Searle’s website, in Jon’s own words.
“I received notice from the FOI commission that a final decision will be made on the complaint on December 2nd. As I expected the the proposed decision finds that the Real Estate Committee did hold illegal secret meetings on May 14th and 19th and failed to post the minutes of the May 14th meeting. As I also expected the decision will not void the meetings on the 14th & 19th. Perhaps I could have pressed for that a bit more strongly by filing a written brief following the hearing, but in light of the way business is conducted in Town Hall, and reflecting on the statements made by the Town’s legal representation at the hearing that the Real Estate meeting on the 14th didn’t matter, I felt that particular piece of fruit was not worth climbing for.”
Wow Jon..Even though I fully expect you not to let this stay long, and I will be posting on Lady X’s blog as well, all I can say is WOW!!!! Secret meetings…no where in the decision does it say that the Real Estate Committee had secret meetings. I recall the words inadvertent failure to post, but not secret…Did I miss some of the wording. I am not as expert as you in deciphering legalese. So please enlighten me.
Just for fun…here is the meat of the decision handed down by the State FOI Commission:
“8. At the hearing on this matter, the complainant argued that he was prejudiced by
the respondent’s violation of the notice provisions of § 1-225( d), a.S., which was without
reasonable grounds, considering the contentious subject of the special meetings concerning
the transfer of Title of 590 Burnside Avenue in East Hartford (hereinafter “the property”), by
the East Hartford Town Council to the East Hartford Redevelopment Agency. Consequently,
the complainant requested that the Commission declare the actions taken at such special
meetings null and void.
9. The respondent argued that, while it failed to post the records at issue in this
matter, declaring the actions taken by the respondent at the special meetings null and void is
unnecessary since the public was not prejudiced by the inadvertent error in failing to post
such records on the town’s website. The respondent claimed that the only action taken by the
committee at the special meetings was to make a recommendation to the East Hartford Town
Council regarding the transfer of title of the property. The respondent also claimed that at
the East Hartford Town Council’s properly noticed June 2,2009 and June 16,2009 special
meetings, public hearings were conducted for the purpose of allowing public comments on
the proposed transfer of title of the property, after which, the Council held regular meetings
on each respective date. The respondent further claimed that the complainant attended at
least one of the June 2009 special meetings and commented on the transfer of the property.
10. Notwithstanding the conclusion in paragraph 7, above, it is found that the
Council Clerk inadvertently failed to post the notices and minutes at issue herein, and
understands the significance of timely posting such records in accordance with the FOI Act.
11. It is found, therefore, that the respondent’s violation of §§ 1-225(a) and (d), a.s.,
was unintentional.
12. After consideration of the entire record in this case, the Commission, in its
discretion, declines to declare the actions taken at the respondent’s May 14,2009 and May
19, 2009 special meetings null and void.
The following order by the Commission is hereby recommended on the basis of the
record concerning the above-captioned complaint:
1. Henceforth, the respondent shall strictly comply with the provisions of §§ 1-225( a)
and (d), a.s.”
I would think that this is not the victory you seem to be spinning it to be . I guess you could twist it however you want, but you did attend a public hearing on the matter of Daley Court, and were unsuccessful in your efforts to prevent the progress of the Daley Court project. You had your chance to be heard. Just like everybody else that attended those public hearings.
I think a reasonable person will read this decision and agree that it was just a housekeeping error and not some “secret: meeting to deceive the public , nor was there any sinister motives involved.
And for the record I am a member of the Redevelopment Commission.
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