FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Louis D'Onofrio, Jr.,
Complainant
against Docket #FIC 90-33
West Haven Board of Police Commissioners,
Respondent June 27, 1990
The above-captioned matter was heard as a contested case on May 1, 1990, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This case was consolidated for the purposes of hearing with Docket #FIC 90-9 and Docket #FIC 90-10.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter of complaint dated January 22, 1990 and filed with the Commission on January 24, 1990, the complainant appealed to the Commission, alleging that the respondent at its January 2, 1990 meeting filled a vacancy in the position of Assistant Police Chief without properly including that business on its agenda, and requesting that any action taken at the meeting be declared null and void.
3. It is found that the respondent at its regular meeting of January 2, 1990 filled a vacancy in the position of Assistant Police Chief.
4. It is found that the action described in paragraph 3, above, was taken up under the general category "Old Business," and the specific item "Assistant Chief of Police Appointment," as contained in the respondent's agenda for the January 2, 1990 meeting.
5. It is also found that the actions described in paragraphs 3 and 4, above, were undertaken to correct any actions taken at the respondent's December 19, 1989 meeting that the respondent believed may have been in violation of the Freedom of Information Act.
Docket #FIC 90-33 Page 2
6. It is concluded that the action referenced in paragraph 3, above, was adequately described by the agenda item referenced in paragraph 4, above.
7. It is further concluded that the respondent did not violate 1-21(a), G.S., by taking the action referenced in paragraphs 3 and 4, above.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
Approved by order of the Freedom of Information Commission at its regular meeting of June 27, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-33 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:
LOUIS D'ONOFRIO, JR.
33 Wilson Avenue
West Haven, CT 06516
WEST HAVEN BOARD OF POLICE COMMISSIONERS
c/o Henry C. Szadkowski, Esquire
Assistant Corporation Counsel
355 Main Street
West Haven, CT 06516
Tina C. Frappier
Acting Clerk of the Commission