FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Beth V. Denton,
Complainant
against Docket
#FIC 88‑224
City of West Haven Offshore
Feasibility Advisory Committee,
Respondent November
9, 1988
The above‑captioned matter was heard as a contested
case on August 2, 1988, at which time the complainant 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. The
respondent held a regular meeting on May 19, 1988, the agenda for which
included the items "public information session," "new business ‑
correspondence," and "old business ‑ reports of sub‑committees."
3. At its
May 19, 1988 meeting, the respondent took the following votes:
a. To accept the resignations of two
committee members;
b. To not replace the resigning members
and "to remove the names of those people who consistently do not attend
meetings;" and
c. To take a poll of the citizens in West
Haven "to see what (they) would like in the City of West Haven."
4. At the
May 19, 1988 meeting the respondent also discussed contacting the Army Corps of
Engineers and the Department of Environmental Protection "to find out what
is permissible in harbor."
Docket #FIC 88‑224 Page
Two
5. By letter
of complaint filed with the Commission on June 14, 1988 the complainant alleged
that at its May 19, 1988 meeting the respondent violated the Freedom of
Information Act when it failed to vote to amend the agenda of the meeting to
include discussion of the matters referred to at paragraphs 3 and 4, above.
6. The
complainant also alleged that the respondent improperly reduced its public
information session from the usual 30 minutes to 10 minutes.
7. In her
letter of complaint the complainant raised several issues which did not fall
within the jurisdiction of the Commission, which issues were abandoned at the
time of hearing. At hearing, the
complainant raised additional issues concerning the May 19, 1988 meeting which
had not been fairly raised in her complaint and will not be considered in this
report.
8. At
hearing the complainant requested the imposition of a civil penalty against the
respondent, pursuant to §1‑21i(b), G.S., that the votes taken at the May
19, 1988 meeting be declared null and void and that the respondent be ordered
to attend a workshop to educate its members concerning the Freedom of
Information Act.
9. It is
found that the agenda prepared by the respondent for its May 19, 1988 meeting
gave no notice to the public that any of the matters referred to at paragraphs
3 and 4, above, would be discussed or acted upon.
10. It is also
found that the respondent failed to vote to consider and act upon business not
included in the agenda of the meeting, within the meaning of §1‑21(a),
G.S.
11. It is
concluded that the respondent violated §1‑21(a), G.S. when it discussed
and acted upon the matters referred to at paragraphs 3 and 4, above, without
having voted to take up such non‑agenda matters.
12. The
Commission declines, however, to impose a civil penalty against the respondent
or to declare null and void the actions taken by the respondent at its May 19,
1988 meeting.
13. It is
found that the respondent's reduction of its public information session from 30
minutes to 10 minutes did not violate any provision of the Freedom of
Information Act.
14. Based
solely upon those allegations properly raised by the complainant in her
complaint and the violation found, the Commission declines to order the
respondent to attend a workshop, as requested by the complainant.
Docket #FIC 88‑224 Page
Three
The following order by the Commission is hereby
recommended on the basis of the record concerning the above‑captioned
complaint.
1.
The
respondent henceforth shall act in strict compliance with the requirements of
§1‑21(a), G.S., regarding discussion of or action upon non‑agenda
items.
Approved by order of the Freedom of Information
Commission at its special meeting of November 9, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission