FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Circle Towing, Inc.,
Complainant
against Docket #FIC 89-145
John Fallon, Myrtle G. Miller, Patrick Boland, George Lacovara and Town of Fairfield Board of Police Commissioners,
Respondent April 25, 1990
The above-captioned matter was heard as a contested case on September 22, 1989, 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 and conclusions of law are reached:
1. The respondents are public agencies within the meaning of 1-18a(a), G.S.
2. It is found that the respondent board scheduled a regular meeting for April 12, 1989.
3. It is also found that the respondent board filed with the Fairfield Town Clerk a notice dated March 23, 1989 that the meeting scheduled for April 12, 1989 would be held instead on April 5, 1989, which notice was posted by the Town Clerk.
4. It is found that the respondent board voted at its April 5 meeting to amend its towing policy to strike a provision requiring that each towing garage be physically located within the boundaries of the Town of Fairfield.
5. By letter of complaint dated April 28, 1989 and filed with the Commission on May 1, 1989, the complainant appealed to the Commission, alleging that:
a. the April 5 meeting was a special, not regular, meeting;
b. the respondent violated 1-21, G.S., by considering business not described in the notice of its April 5 meeting;
Docket #FIC 89-145 Page 2
c. if the April 5 meeting was a regular meeting, the respondent violated 1-21, G.S., by failing to vote to add the revision of the towing policy to its agenda;
and requesting that:
d. any actions taken at the April 5 meeting be declared null and void; and
e. a civil penalty be imposed against the individual respondents.
6. It is concluded that the April 5 meeting of the respondent board was a special meeting within the meaning of 1-21(a), G.S.
7. It is found that the March 23 notice of the April 5 meeting did not describe the business to be transacted at that meeting.
8. It is concluded therefore that the respondents violated 1-21(a), G.S., by acting on business not described in the notice of the April 5 meeting.
9. The Commission in its discretion declines to order the actions taken at the respondents' April 5 meeting null and void, and also declines to impose a civil penalty against the respondents.
The following order of the Commission is hereby recommended on the basis of the record in the above-captioned matter:
1. Henceforth the respondents shall strictly comply with the notice requirements of 1-21(a), G.S.
2. All actions taken by the respondents at its April 5, 1989 meeting with respect to the respondents' tow policy and tow bids are hereby declared null and void.
Approved by order of the Freedom of Information Commission at its regular meeting of April 25, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 89-145 Page 3
PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
CIRCLE TOWING, INC.
c/o John P. Fracassini, Esq.
543 Clinton Avenue
Bridgeport, CT 06605
AND
John T. Bochanis, Esq.
Daly, Weihing & Bodell
1115 Main Street
Suite 710
Bridgeport, CT 06604
JOHN FALLON, MYRTLE G. MILLER, PATRICK BOLAND, GEORGE LACOVARA AND TOWN OF FAIRFIELD BOARD OF POLICE COMMISSIONERS
c/o Donal C. Collimore, Esq.
Collimore and Collimore
1238 Post Road
P.O. Box 278
Fairfield, CT 06430
Tina C. Frappier
Acting Clerk of the Commission