Final Decision FIC1978-009
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In the Matter of a Complaint by |
Report of Hearing Officer | |
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Frederick Pratt; George Rothstein;
Henry Syskowski and George Berescik, Complainants |
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against
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Docket #FIC78-9 | |
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City and Town of New Britain; and
the Board of Police Commissioners of the City and Town of New Britain, Respondents |
April 17, 1978 |
The above captioned matter was heard as a contested case on February 15, 1978 and March 23, 1978, at which time the complainants and the respondents appeared and presented testimony, exhibits and argument on the complaint.
After consideration of the entire record, the following facts are found:
1. The respondent board is a public agency as defined by §1-18a(a), G.S.
2. At a regular meeting of the respondent board held on January 3, 1978, the respondent board voted to accept the recommendations of the chief of police concerning a certain complaint by Frederick Pratt.
3. By letter filed with the Commission on January 26, 1978, the complainants alleged that consideration of said complaint was illegally acted upon by the respondent board because such matter was not listed in the agenda for such meeting.
4. The complainants further alleged that the votes of each member of the respondent board on actions taken at such meeting were not recorded in the minutes of January 3, 1978.
5. The complainants abandoned those allegations of their complaint which concerned meetings held prior to January 3, 1978.
6. §1-21, G.S., permits a public agency, at a regular meeting, to consider and act upon any subsequent business not included in a filed agenda, upon an affirmative vote of two-thirds of the members of a public agency present and voting.
7. At its regular meeting of January 3, 1978, the respondent board unanimously voted to take up the matter of the complaint of Frederick Pratt under old business.
8. The respondent board is therefore found to have complied with the procedure required under §1-21, G.S. for taking up. business not listed on the agenda of a regular meeting.
9. However, neither the action nor the vote of each member of the respondent board, in favor of taking up such business, were recorded in the minutes of January 3, 1978.
10. There were other actions of the respondent board taken at its meeting of January 3, 1978. The votes of each member of the respondent board with respect to those: issues were also unrecorded in the minutes of January 3, 1978.
11. It is further found that the respondent board's minutes of January 3, 1978 do not comply with the recording requirements of §1-21, G.S.
The following order by the Commission is hereby recommended on the basis of the record and the finding concerning the above captioned complaint:
1. Henceforth, the votes of each member of the respondent board upon any issue before it shall be recorded in the minutes of the meeting at which taken, as required by §1-21, G.S.
Approved by order of the Freedom of Information Commission on April 26, 1978.