FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by Final
Decision
Mildred
Pinkston,
Complainant
against Docket #FIC 92-39
Windham First
Selectman and Windham Water Commission,
Respondents August 26, 1992
The above-captioned matter was
heard as a contested case on July 27, 1992, 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 respondents are public agencies within the meaning of
1-18a(a), G.S.
2. By letter of complaint filed January 28, 1992, the
complainant appealed to the Commission, alleging that the respondents added an
item to the agenda of the Water Commission's January 22, 1992 special meeting
without proper notification.
3. It is found that the respondent Water Commission held a
special meeting on January 22, 1992.
4. It is found that the item added to the agenda concerned
a January 17, 1992 request addressed to the First Selectman for information
from the Water Department.
5. It is found that the respondent First Selectman believed
that the information request referenced in paragraph 4, above, required a
response from the respondent Water Commission within four business days of the
request, and therefore sought to pass on the request to the Water Commission
for consideration at its January 22 meeting.
6. The Commission takes administrative notice of the fact
that January 21, 1992 was the first business day after January 17, 1992, Martin
Luther King Day having been observed on January 20, 1992.
7. It is found that three notices of the January 22, 1992
meeting were received by the Windham Town Clerk.
Docket #FIC
92-39 Page
2
8. It is found that the last of the three notices described
a "Request for Water Department Information dated January 17, 1992"
as business to be transacted at the meeting, which business was added to the
notice at the direction of the First Selectman.
9. It is found that the last of the three notices was
received by the town clerk at 4:15 p.m. on January 21, 1992.
10. It is found that the January 22, 1992 meeting was
scheduled for 7:00 p.m., and that the information request was discussed and
acted on at the meeting.
11. It is concluded that the respondents did not violate
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 complaint is dismissed.
Approved by
Order of the Freedom of Information Commission at its regular meeting of August
26, 1992.
Debra
L. Rembowski
Acting
Clerk of the Commission
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:
Mildred Pinkston
3 Bellevue
Street
Willimantic, CT
06226
Windham First
Selectman and Windham Water Commission
c/o Walter
Pawelkiewicz
Windham First
Selectman
979 Main Street
Willimantic, CT
06226
Debra
L. Rembowski
Acting
Clerk of the Commission