FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Ann C. Devlin,

Complainant

against Docket #FIC 90-70

Branford Board of Selectmen and Chairman, Branford Board of Selectmen,

Respondents September 12, 1990

The above-captioned matter was heard as a contested case on July 5, 1990, at which time the complainant and the respondents 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. By letter filed with this Commission on February 27, 1990, the complainant alleged that the respondents violated the FOI Act by conducting a portion of a public meeting at an unnoticed time prior to its scheduled 6:00 p.m. special meeting.

3. It is found that prior to commencing the meeting identified in paragraph 2, above, the chairman and acting secretary of that meeting checked the time with two other selectmen to determine whether it was yet 6:00 p.m.

4. It is also found that some individuals arrived for the special meeting several minutes prior to 6:00 p.m. to discover the meeting had already commenced.

5. It is concluded that under the facts of this case, it is inappropriate to grant relief under the FOI Act.

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

Docket #FIC 90-70 Page 2

1. The complaint is hereby dismissed.

2. The Commission suggests that to avoid such debate in the future, the parties be guided by a reading of the time on their town hall clock -- "Branford Mean Time".

Approved by order of the Freedom of Information Commission at its regular meeting of September 12, 1990.

Tina C. Frappier

Acting Clerk of the Commission

Docket #FIC 90-70 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:

ANN C. DEVLIN

171 Montowese Street

Branford, CT 06405

BRANFORD BOARD OF SELECTMEN AND CHAIRMAN, BRANFORD BOARD OF SELECTMEN

c/o Eric J. Emanuelson, Esq.

Norbert W. Church Law Firm

P.o. Box 78

New Haven, CT 06504

Tina C. Frappier

Acting Clerk of the Commission