FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Michael F. Rizzuti,

 

                        Complainant

 

            against              Docket #FIC 93-37

 

Naugatuck Housing Authority Selection Committee,

 

                        Respondent                  August 25, 1993

 

            The above-captioned matter was heard as a contested case on June 10, 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 of complaint dated February 9, 1993 and filed with the Commission on February 10, 1993, the complainant questioned the legality of a January 11, 1993 meeting between the respondent and firms vying for an architect position with the respondent.

 

            3.         It is found that in accordance with Connecticut Department of Housing guidelines and regulations for architect and engineer selection (hereinafter "CDOH guidelines"), the Naugatuck Housing Authority established the respondent subcommittee.

 

            4.         It is found that in accordance with CDOH guidelines, after the initial screening, the respondent selected five architectual firms and one engineering firm to interview for the architect and engineering services position(s).

 

Docket #FIC 93-37                             Page 2

 

            5.         It is found that the interviews were held on January 11, 1993, by the respondent in accordance with the CDOH guidelines.

 

            6.         The respondent concedes that the January meeting was held without first posting notice of the meeting or filing minutes of the meeting.  No votes were taken at the meeting.

 

            7.         It is found that the respondent violated the provisions of 1-21(a), G.S., by failing to properly notice and convene a special meeting for the purpose of discussing the selection and appointment of a firm to the architect and engineering services position(s).

 

            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 comply with the open meetings provisions of 1-21(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 25, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 93-37                             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:

Michael F. Rizzuti

P. O. Box 1363

Naugatuck, CT 06770

 

Naugatuck Housing Authority Selection Committee

c/o Atty. Kevin H. McSherry

38 Fairview Avenue

Naugatuck, CT 06770

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission