FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Paul M. Dery,

 

                        Complainant

 

            against              Docket #FIC 90-383

 

A. Louis Hayward, Enfield Town Manager,

 

                        Respondent                  July 10, 1991

 

            The above-captioned matter was heard as a contested case on March 4, 1991, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

            At the hearing the parties agreed that the Town Manager,

A. Louis Hayward, should be substituted as defendant for the Enfield Town Council and its individual members.

 

            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 filed with this Commission October 11, 1990, the complainant alleged that a public meeting held at the Sheraton Hotel at Bradley International Airport on Saturday, September 29, 1990, violated the requirements of the Freedom of Information Act because of its location outside of the Town of Enfield.

 

            3.         It is found that the respondent scheduled and the city council attended an informal public meeting of the Enfield town council to discuss goals and objectives.

 

            4.         The complainant alleged that 7-1, G.S., requires that the meeting be held in the town of Enfield.

 

            5.         The respondent claimed that the Commission had no jurisdiction to enforce 7-1 because it is not part of the Freedom of Information Act.

 

Docket #FIC 90-383                           Page Two

 

            6.         It is found that 7-1 sets forth requirements for annual town meetings and special town meetings that are not within the jurisdiction of the Commission.

 

            7.         It is concluded that the Freedom of Information Act does not address the question whether meetings of public agencies must be held within the boundaries of a town.

 

            8.         It is found that under the facts of this case it is not necessary to consider the complainant's request for a civil penalty.

 

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

 

            1.         The complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 10, 1991.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 90-383                           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:

Paul M. Dery

6 Gem Grove

Enfield, CT 06082

 

A. Louis Hayward

Enfield Town Manager

c/o Christopher W. Bromson, Esq.

Bromson & Reiner

P.O. Box 249

546 Halfway House Road

Windsor Locks, CT 06096-1599

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission