FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Dusty DeMusis,
Complainant
against Docket #FIC 91-359
Doug LoPresti, Captain, Durham Volunteer Ambulance Corp., Inc.,
Respondent September 23, 1992
The above-captioned matter was heard as a contested case on May 19, 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 respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter of complaint filed with the Commission on November 19, 1991, the complainant alleged that the respondent failed to properly post the notice of meeting and agenda for meetings held on October 16 and 22, 1991. The complainant also alleged that: (1) she was not notified that she would be discussed at both meetings, and (2) the notice for the October 22nd meeting was defective in that it did not state the time or location of the meeting, in violation of 1-21, G.S. The complainant requested the imposition of a civil penalty.
3. It is found that on October 16, 1991 the complainant was informed that the respondent had convened a meeting on that date.
4. Section 1-21i(b), G.S., limits this Commission's jurisdiction to appeals filed within thiry days of either the date of the alleged violation, or the date that the complaining party first became aware of the violation.
5. It is concluded, therefore, that this Commission has no jurisdiction over the complainant's allegations regarding the October 16th meeting.
Docket #FIC 91-359 Page 2
6. It is found that prior to the October 22nd meeting the respondent attempted to notify the complainant of the meeting via registered mail.
7. It is found that delivery attempts by the post office were unsuccessful.
8. It is found that scheduled discussions about the complainant were postponed because she was not in attendance at the October 22nd meeting.
9. It is found that the respondent customarily posts meeting notices at the agency's Ambulance Building and at town hall.
10. The respondent concedes that the notice for the October 22nd meeting was posted at the Ambulance Building only.
11. The respondent concedes that the meeting notice should have also been posted at the town hall.
12. The respondent stated that the posting was limited to the location of the community of interest in order to protect the complainant from embarrassment, because the notice of meeting and agenda clearly indicated that disciplinary action against the complainant was being contemplated.
13. It is found that the meeting notice for the October 22nd meeting failed to state the time and location of the meeting.
14. It is found that the notice for the October 22nd meeting was, however, posted in a timely fashion.
15. It is concluded that the respondent violated the public access and notice provisions of 1-21, G.S., by failing to properly post the October 22nd meeting notice.
16. The Commission declines to impose a civil penalty.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth the respondent shall strictly comply with the public access and notice provisions of 1-21, G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of September 23, 1992.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 91-359 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:
Dusty DeMusis
628 New Haven Road
Durham, CT 06422
Doug LoPresti, Captain, Durham Volunteer Ambulance Corp., Inc.
c/o Attorney Kenneth H. Antin
Poliner, Poliner & Rosen, P.C.
516 Main Street
Middletown, CT 06457
Debra L. Rembowski
Acting Clerk of the Commission