Selvaggi v. Chairman, Connecticut Council on Developmental Disabilities
Nothing in the Freedom of Information Act requires a public agency to provide all members of such agency with a records request for discussion by the entire agency. Michael Selvaggi appealed to the Freedom of Information Commission alleging that the Connecticut Council on Developmental Disabilities and its chairman violated the Freedom of Information Act by denying him access to a public meeting and public records. Because the complainant received notice in fact that the respondents held the challenged June 14, 2011 meeting on June 16, 2011 and failed to file his complaint within 30 days of receiving notice in fact of such meeting, the FOIC lack subject matter jurisdiction over that portion of the appeal and it was dismissed. The complainant's document request related to meeting agendas and minutes concerning the selection of a new executive director and an ethical disclosure statement. He requested that his records request be provided to all members of the council with discussion by the full council. The FOIC found that the council's executive director provided the complainant with copies of responsive agenda and meeting minutes for the June 14, 2011 meeting which dealt with hiring a new executive director. There were no responsive documents for the requested ethical disclosure statement as of the date of the request. Nothing in the FOIA requires a public agency to provide all members of the agency with a records request for discussion by the entire agency. The respondents provided the complainant with all documents responsive to his request in existence at the time of the request. However, the provision of the requested records over three months after the request was not prompt within the meaning of C.G.S. §1-210(a) and §1-212(a). The respondents were directed to strictly comply henceforth with the violated promptness provisions.