FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Trenton Wright,
Complainant
against Docket #FIC 91-397
Walter Pawelkiewicz, Windham First Selectman, and Susan Johnson, Delores Ackley, Hanna Clements, Charlotte Patros, John Root and Windham Board of Selectmen Utilities Committee,
Respondents December 9, 1992
The above-captioned matter was heard as a contested case on June 18, 1992, at which time the complainant and the respondents 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 December 23, 1991, the complainant appealed to the Commission, alleging that the respondents failed to comply with the requirements for the filing of an agenda for their December 17, 1991 meeting, and requesting the imposition of civil penalties against the respondents.
3. It is found that the respondents held a special meeting on December 17, 1991.
4. It is found that the complainant requested a copy of the agenda of the December 17 meeting on December 18, 1991.
5. It is found that the complainant was referred to a posted copy of the notice of the Windham Board of Selectman's meeting instead of the respondent committee's meeting, although the Board of Selectman's notice also referred to the subject of "ash hauling bids," which was in essence the subject of the committee's meeting that same evening.
6. It is also found that a copy of notice of the respondent committee's December 17 special meeting was not immediately available to the complainant because the town clerk's copy had been removed from the bulletin board by persons unknown.
Docket #FIC 91-397 Page 2
7. It is also found, however, that the complainant, as a member of the Windham Board of Selectman, had been mailed a copy of the agenda before the meeting.
8. It is also found that another copy of the notice of the respondents' December 17 meeting was obtained by the town clerk and subsequently made available to the public.
9. The complainant maintains that the respondents violated the provision of 1-21(a), G.S., which requires the agenda of the regular meetings of every public agency to be available to the public and filed not less than twenty-four hours before the meetings to which they refer.
10. It is found, however, that the December 17 meeting was a special, not regular, meeting, and therefore it is concluded that the provisions of 1-21(a) claimed by the complainant to have been violated do not technically apply to this case.
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 December 9, 1992.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 91-397 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:
Trenton Wright
232 Mansfield Avenue
Willimantic, CT 06226
Walter Pawelkiewicz, Windham First Selectman, Susan Johnson, Delores Ackley, Hanna Clements, Charlotte Patros, John Root and Windham Board of Selectmen Utilities Committee c/o Walter Pawelkiewicz, First Selectman
979 Main Street
Willimantic, CT 06226
and c/o Windham Board of Selectmen Utilities Committee
979 Main Street
Willimantic, CT 06226
Debra L. Rembowski
Acting Clerk of the Commission