FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Kathleen D. Gwozdz,
Complainant
against Docket #FIC 90-135
East Windsor Groundwater Protection Planning Committee,
Respondent January 23, 1991
The above-captioned matter was heard as a contested case on July 26, 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 of complaint dated April 11, 1990, the complainant claimed that the respondent violated the Freedom of Information Act by:
(a) changing the schedule of the regular meetings without consulting the members,
(b) failing to provide an adequate agenda for its March 28, 1990 meeting, and
(c) failing to provide agendas to the members of the respondent committee in advance of the regularly scheduled meetings.
3. The respondent did not advance a specific legal defense but rather acknowledged that some problems had existed concerning the respondent's agendas and its scheduling of meetings.
4. It is found that the respondent changed the schedule of the regular meetings without consulting its members, and also that it failed to provide agendas to the members of the respondent committee in advance of the regularly scheduled meetings.
Docket #FIC 90-135 Page Two
5. It is found that the Freedom of Information Act is silent as to how the schedule for regular meetings should be established and as to how or if agendas should be provided to committee members in advance of regular meetings.
6. It is concluded that the respondent did not violate the Freedom of Information Act by failing to hold a discussion concerning a schedule change and by failing to provide agendas to its members in advance of its regular meetings.
7. It is found that the March 28, 1990 agenda had a format which listed (a) call to order, (b) establishment of quorum, (c) approval of March 14, 1990 minutes, (d) other business, (e) agenda for next meeting, and (f) adjournment.
8. It is found that at the March 28, 1990 meeting the respondent reviewed the draft of an informational booklet which it planned to distribute.
9. It is concluded that the March 28, 1990 agenda failed to satisfy the notice requirements of 1-21, G.S., because it failed to describe with sufficient particularity the business to be transacted at the meeting.
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 requirements of 1-21, G.S.
2. It should be noted that the complainant did not raise the issue whether agendas for regular meetings were available to members of the public within twenty-four hours of its regularly scheduled meetings. Since 1-21, G.S., requires that agendas be available at the regular place of business of the agency, or at the town clerk's office if the agency has no regular place of business, members of the respondent who seek such agendas should be able to obtain them in advance of a regularly scheduled meeting.
Approved by order of the Freedom of Information Commission at its special meeting of January 23, 1991.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-135 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:
KATHLEEN D. GWOZDZ
50 Scantic Road
East Windsor, CT 06088
EAST WINDSOR GROUNDWATER PROTECTION PLANNING COMMITTEE
140 South Main Street
East Windsor, CT 06088
Tina C. Frappier
Acting Clerk of the Commission