FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Jeffrey M. Lipton
Complainant,
against Docket #FIC 89-471
Somers Board of Education
Respondent, August 8, 1990
The above-captioned matter was heard as a contested case on April 20, 1990, 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 respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By complaint filed December 26, 1989 the complainant alleged that the respondent violated 1-21, G.S., by failing to file a notice for a special meeting which it held on November 30, 1989.
3. It is found that the respondent failed to post notice for its November 30, 1989 meeting with the town clerk as required by 1-21, G.S.
4. The complainant requested that the vote taken at the November 30, 1989 meeting be declared null and void.
5. The respondent claimed that because the failure to post notice was accidental, the Commission should not declare the vote null and void.
6. It is found that an employee of the respondent took the notice to the town hall for filing, but placed the notice in the wrong office.
7. It is found that receipt of the notice by the town clerk was delayed until after the November 30, 1989 meeting took place, and, therefore, the notice was never posted.
#FIC 89-471 page two
8. It is found that the complainant often goes to town hall in his capacity as Chairman of the Board of Assessors.
9. It is found that the complainant did not know that meeting of the respondent to fill the vacancy was scheduled for November 30, 1990, and that he did not attend the meeting.
10. It is found that at the November 30, 1989 meeting, the respondent rejected the candidate who had been endorsed by the Somers Democratic Party for the vacancy; instead it appointed a person who had become a registered Democrat on November 7, 1989.
11. It is found that the complainant had a personal interest in the outcome of the November 30, 1989 meeting because he is a friend of the candidate who was rejected.
12. It is found that the complainant believes he might have changed the outcome of the meeting had he known when it was scheduled.
The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint.
1. Henceforth the respondent shall comply with the notice requirements of 1-21, G.S.
Approved by order of the Freedom of Information Commission at its regular meeting of August 8, 1990.
Tina C. Frappier
Acting Clerk of the Commission
#FIC 89-471 page three
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:
JEFFREY M. LIPTON
c/o Bruce D. Tyler, Esq.
48 South Road
P.O. Box 404
Somers, CT 06071
SOMERS BOARD OF EDUCATION
c/o William R. Connon, Esq.
Sullivan, Lettick & Schoen
646 Prospect Avenue
Hartford, CT 06105
Tina C. Frappier
Acting Clerk of the Commission