FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Gus P. Laskos,
Complainant
against Docket #FIC 90-204
Board of Apportionment and Taxation of the City of Derby,
Respondent November 28, 1990
The above-captioned matter was heard as a contested case on September 21, 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 30, 1990, the complainant alleged that the respondent held an improper emergency meeting on May 20, 1990.
3. It is found that on May 20, 1990, at 7 p.m., the respondent met at city hall to discuss the budget, which the town charter required the respondent to adopt on or before the last business day of May.
4. It is also found that the repondent held meetings twice a week beginning in early April for budget discussions, and that its members had reason to believe that a quorum would not have been available during the last week in May due to the Memorial Day holiday.
5. It is found that as of Saturday, May 19, the respondent had reached no budget agreement.
6. It is also found that the respondent self-imposed a May 23 deadline for achievement of a budget agreement.
7. It is found that on the evening of May 20, the respondent met at city hall at 7:00 p.m. for a meeting to discuss the budget, which meeting was neither a regularly scheduled meeting nor posted in city hall 24 hours in advance as a special meeting.
Docket #FIC 90-204 Page 2
8. It is found that on the evening of May 20, the door to city hall was locked, but that a respondent member posted a notice on the locked door during the half hour before the meeting stating that an emergency meeting of the respondent was taking place in city hall, entrance to which could be achieved through the door to the adjoining police station building.
9. It is also found that prior to the meeting in question, the chairman of the respondent telephoned a news reporter from the Evening Sentinel to inform him of the meeting, and that the reporter did in fact attend.
10. It is found that no votes were taken at the meeting of May 20.
11. The Commission takes administrative notice of its final decision in contested case Docket #FIC 88-430.
12. It is concluded that under the facts of this case, there was no true emergency within the meaning of 1-21(a), G.S.
13. It is therefore concluded that the respondent violated 1-21(a), G.S. by failing to give notice of the meeting at city hall at least 24 hours prior to the meeting.
14. The Commission also notes, however, that the respondent took those measures identified in paragraphs 8 and 9, above, in keeping with the spirit of the Freedom of Information Act although it technically violated the provisions of 1-21(a), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The respondent shall henceforth comply with the provisions of 1-21(a), G.S.
Approved by order of the Freedom of Information Commission at its regular meeting of November 28, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-204 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:
GUS P. LASKOS
17 North Avenue
Derby, CT 06418
BOARD OF APPORTIONMENT AND TAXATION OF THE CITY OF DERBY
c/o Francis A. Teodosio, Esq.
40 Franklin Street
Ansonia, CT 06401
Tina C. Frappier
Acting Clerk of the Commission