FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Bernard Lavey and Hamden Taxpayers Association,

Complainants

against Docket #FIC 88-15

Town of Hamden Legislative

Council,

Respondent April 13, 1988

The above-captioned matter was heard as a contested case on March 1, 1988, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

After consideration of the entire record, the following facts are found:

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

2. By letter of complaint dated January 13, 1988 and filed with the Commission on January 13, 1988, the complainants alleged the respondent violated the Freedom of Information Act by acting upon a matter not specified on the agenda for its January 4, 1988 regular meeting.

3. Specifically, the complainants alleged the respondent approved the reallocation of salaries for certain mayoral staff positions at its January 4, 1988 regular meeting, when the agenda for that meeting called for the reorganization of the mayor's staff.

4. The complainants request the Commission to declare the actions taken by the respondent on this agenda item null and void.

5. The respondent claims the agenda item entitled, "Reorganization of Mayor's Staff," contemplates the reallocation of salaries for those positions and therefore the agenda fairly apprised the public as to what would transpire at the January 4, regular 1988 meeting within the meaning of §1-21(a), G.S.

6. At the hearing, the respondent requested the imposition of a civil penalty against the complainants.

Docket #FIC 88-15 Page 2

7. It is found the respondent held a regular meeting on January 4, 1988.

8. It is found the agenda for the January 4, 1988 regular meeting included an item entitled, "Reorganization of Mayor's Staff."

9. It is found that under the agenda item described in paragraph 8, above, the respondent approved the reallocaton of salaries for certain mayoral staff positions at its January 4, 1988 regular meeting.

10. It is found the agenda item entitled "Reorganization of Mayor's Staff," encompassed the action taken by the respondent at its January 4, 1988 regular meeting.

11. It therefore is concluded the respondent provided the public with sufficient notice as to what would transpire at its January 4, 1988 regular meeting.

13. The Commission also declines to impose a civil penalty against the complainants.

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

1. The complaint is heby dismissed.

Approved by order of the Freedom of Information Commission at its regular meeting of April 13, 1988.

Catherine H. Lynch

Acting Clerk of the Commission