FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Joseph F. Peluso,

 

                        Complainant

 

            against              Docket #FIC 90-207

 

Deep River Board of Finance,

 

                        Respondent                  November 14, 1990

 

            The above-captioned matter was heard as a contested case on September 24, 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 letter filed with this Commission on May 31, 1990, the complainant alleged that the respondent conducted an unnoticed meeting on May 3, 1990, and that minutes of that meeting were unavailable until May 17, 1990.

 

            3.  It is found that the respondent met on May 3, 1990, which meeting was neither a regularly scheduled meeting nor posted as a special meeting.

 

            4.  It is also found that the minutes of the May 3 meeting were unavailable within seven days of the meeting, and were available only as of May 17, 1990.

 

            5.  It is concluded that the respondent's failure to make minutes of its May 3 meeting available within seven days constitutes a violation of 1-21(a), G.S.

 

            6.  The respondent claims that the May 3 meeting was a continuation of an April 30 meeting that was properly noticed.

 

            7.  It is found that on April 30 after the meeting, the respondent's chairman set May 3 as the time for a continuation of the April 30 budget meeting; however, no notice or order of adjournment was issued.

 

Docket #FIC 90-207                           Page 2

 

            8.  It is concluded that these omissions on the part of the respondent constitute a violation 1-21d, G.S.

 

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

 

            1.  Within thirty days of the issuance of the final decision in this case, the respondent shall contact the Commission to schedule an educational workshop to be conducted by a Commission staff attorney.

 

            2.  Upon scheduling of a workshop date, the respondent shall issue written invitations for attendance at the workshop to the other commissions and boards within its municipality.

 

            3.  The respondent shall post a copy of the final decision in this case in the office of the town clerk for a period of thirty days from the date of the issuance of such final decision.

 

            4.  Although not within the scope of the complaint, the Commission notes that at hearing the respondent's testimony reflected confusion concerning various FOI Act provisions including whether a consensus constitutes a vote and whether a public hearing constitutes a meeting within the meaning of 1-18a(b), G.S.  The Commission, therefore, strongly urges the respondent to explore these issues at its educational workshop.

 

Approved by order of the Freedom of Information Commission at its regular meeting of November 14, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-207                           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:

JOSEPH F. PELUSO

30 Colonial Drive

Deep River, CT 06417

 

DEEP RIVER BOARD OF FINANCE

c/o Jane R. Marsh, Esq.

6 Elm Street

Deep River, CT 06417

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission