FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Jeanne Fischer,

 

                        Complainant

 

            against              Docket #FIC 93-142

 

Jewett City Warden and Board of Burgesses,

 

                        Respondents                 October 27, 1993

 

            The above-captioned matter was heard as a contested case on September 3, 1993, at which time the complainant and the respondents appeared 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 filed with this Commission on May 19, 1993, the complainant alleged that the respondents violated the provisions of the Freedom of Information ("FOI") Act by failing to properly file their schedule of regular meetings and adding agenda items to the meeting of May 3, 1993 without a two-thirds vote of those present and voting.

 

            3.  The complainant also alleged that the respondents violated certain provisions of the Home Rule Charter, which governs the manner in which special meetings may be called.

 

            4.  It is found that the Home Rule Charter outlines procedures to be followed that are additional to those established under the FOI Act.  Accordingly, this Commission is without jurisdiction to rule on whether the Home Rule Charter was properly adhered to.

 

            5.  The respondents conceded at the hearing that they failed to properly post notice of their schedule of regular meetings as required by the provisions of 1-21(a), G.S.

 

            6.  It is found that at the hearing, the respondents also failed to establish that they considered only those items of business properly before them pursuant to 1-21(a), G.S.

 

Docket #FIC 93-142                           Page 2

 

            7.  It is concluded that the respondents violated the provisions of 1-21(a), G.S.

 

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

 

            1.  The respondents shall henceforth strictly comply with the provisions of 1-21(a), G.S.

 

            2.  This Commission reminds the respondents that failure to comply with the FOI Act in the future may subject them to the imposition of civil penalties.

 

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 93-142                           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:

Jeanne Fischer

c/o Mr. Sinai Bordeleau

81 Russell Street

Jewett City, CT 06351

 

Jewett City Warden and Board of Burgesses

c/o Richard J. Duda, Esq.

110 Main Street

Jewett City, CT 06351

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission