FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Charles R. Bond,

 

                        Complainant

 

            against              Docket #FIC 93-127

 

Windsor Locks Zoning Board of Appeals,

 

                        Respondent                  October 27, 1993

 

            The above-captioned matter was heard as a contested case on August 26, 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 and filed May 4, 1993, the complainant appealed to the Commission and alleged that with respect to the respondent's April 5, 1993 public hearing, it violated the provisions of the Freedom of Information (hereinafter "FOI") Act by:

 

            a.   failing to file an agenda; 

 

            b.   conducting an illegal meeting concerning [the            complainant's] appeal;

 

            c.   conducting an illegal meeting concerning matters       not contained on a properly filed agenda;

 

            d.   considering and deciding a matter not contained       on a properly filed agenda;

 

e.   refusing to consider the [complainant's appeal] even though a public hearing had been scheduled on said       appeal; and

 

            f.   refusing to grant the complainant a continuance         although he had not been given notice of the item

            considered at the public hearing.

 

Docket #FIC 93-127                           Page 2

 

            3.  With respect to the complainant's allegations in paragraph 2e. and 2f., above, it is found that the complainant has failed to allege violations of the FOI Act.

 

            4.  It is found that the remaining allegations set forth in paragraph 2a. through 2d., above, in the context of the FOI Act, turn on whether the respondent fulfilled the notice and agenda requirements for special meetings under 1-21(a), G.S.

 

            5.  Section 1-21(a), G.S., does not specifically require an agency to file an agenda for a special meeting.  However, that section provides in relevant part:

 

            "Notice of each special meeting of every public agency ... shall be given not less than twenty-four hours prior to the time of such meeting by filing a notice of the time and place thereof ... in the office of the clerk of such subdivision for any public agency of a political subdivision of the state....The notice shall specify the time and place of the special meeting and the business to be transacted...."

 

            6.  It is found that the respondent filed a document entitled "legal notice" with the Windsor Locks town clerk on or about March 30, 1993 and that the legal notice stated that the respondent would hold a public hearing on April 5, 1993 and would act on several identified applications pending before it, including an application filed by the complainant (hereinafter "legal notice").

 

            7.  It is found that the respondent held a public hearing on April 5, 1993 and acted on the applications listed in the legal notice described in paragraph 6, above.

 

            8.  It is found that the legal notice described in paragraph 6, above, contained the information required pursuant to 1-21(a), G.S.

 

            9.  It is concluded therefore, that with respect to the allegations described in paragraph 2a. through 2d., above, the respondent did not violate the provisions of 1-21(a), G.S.

 

Docket #FIC 93-127                           Page 3

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.  The complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 27, 1993.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 93-127                           Page 4

 

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:

Charles R. Bond

c/o Frederick F. Ward, II

Ward & Severino

805 Farmington Avenue

West Hartford, CT 06119

 

Windsor Locks Zoning Board of Appeals

c/o Christopher R. Stone, Esq.

Flanagan & Stone

281 Main Street

P.O. Box 280927

East Hartford, CT 06128-0927

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission