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 93-8
East Windsor Board of Education,
Respondent July 14, 1993
The above-captioned matter was heard as a contested case on May 19, 1993, 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 filed with this Commission on January 7, 1993, the complainant alleged that the respondent violated the provisions of the FOI Act by failing to post notice of its special meeting of December 8, 1993, at the East Windsor town clerk's office.
3. The respondent conceded that it in fact failed to post proper notice with the town clerk as required by 1-21(a), G.S.
4. It is found that the superintendent of schools for East Windsor was unaware of the absence of a posting until the actual meeting of December 8, 1992, when the complainant complained of this fact at that time.
5. It is also found that the superintendent's reaction to the complainants claim at the December 8, 1992 meeting was to proceed with that meeting, as the respondent had never before had problems with the proper posting of meetings.
6. It is concluded that the respondent violated the provisions of 1-21(a), G.S., by failing to post notice of its special meeting in accordance with that section.
7. The complainant has requested that this Commission require the respondent to essentially re-enact the meeting in question after proper public notice of such has been posted.
Docket #FIC 93-8 Page 2
7. It is found that at the December 8, 1992 meeting, the superintendent spoke about enrollment projections and recommended that a school addition rather than a new school be built, he discussed related financial considerations, and he opened the floor to questions and comments from the audience concerning school construction.
8. It is also found that no action was taken at the December 8, 1992 meeting, although at a subsequent meeting of the respondent, the decision was made not to go forward with any proposals outlined on December 8, 1992.
9. It is accordingly the position of this Commission that to require the respondent to attempt a "reenactment" of the meeting at issue would in effect be a futile gesture.
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 provisions of 1-21(a), G.S.
2. Within one week of the mailing of the final decision in this case, the respondent shall post with the East Windsor town clerk a copy of the final decision as well as a copy of the minutes of December 8, 1992 special meeting of the respondent for a period of twenty days.
3. This Commission reminds the respondent that failure to comply with the notice provisions of the FOI Act may subject its members to civil penalties in the future.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 14, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 93-8 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:
Kathleen D. Gwozdz
50 Scantic Road
East Windsor, CT 06088
East Windsor Board of Education
c/o Dr. Richard R. Teller
Superintendent, East Windsor Public Schools
74 South Main Street
East Windsor
Debra L. Rembowski
Acting Clerk of the Commission