FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
John C. Kucej,
Complainant
against Docket #FIC 93-192
Fairfield Zoning Board of Appeals,
Respondent December 22, 1993
The above-captioned matter was heard as a contested case on October 12, 1993, at which time the complainant, but not 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 dated July 13, 1993 and filed with the Commission on July 14, 1993, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (hereinafter "FOI") Act by failing to provide him with proper notice regarding a public hearing held on July 8, 1993. The complainant requested that the respondent's action taken at such public hearing, regarding the complainant's application for a variance, be declared null and void.
3. The complainant contends that although the respondent's published notice of its hearing scheduled for July 8, 1993 correctly stated the date of the hearing as July 8, 1993, a separate notice posted on the complainant's property by the respondent incorrectly stated the date of the hearing as July 5, 1993.
4. It is found that the respondent held a hearing on July 8, 1993, and at such hearing action was taken regarding the complainant's application for a variance.
5. Section 1-18a(b), G.S., defines meeting as "any hearing or other proceeding of a public agency ... to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power."
Docket #FIC 93-192 Page 2
6. It is found that the respondent's July 8, 1993 hearing was a meeting within the meaning of 1-18a(b), G.S.
7. Further, it is found that the respondent's July 8, 1993 meeting constituted a regular meeting within the meaning of 1-21(a), G.S.
8. Section 1-21(a), G.S., provides in pertinent part that:
public agencies of political subdivisions of the state "shall file, not later than January thirty-first of each year, with the clerk of such subdivision the schedule of regular meetings ... for the ensuing year ...."
9. Section 1-21(a), G.S., further provides in pertinent part that:
The agenda of the regular meetings of every public agency ... shall be available to the public and shall be filed, not less than twenty-four hours before the meetings to which they refer, in such agency's regular office or place of business or, if there is no such office or place of business, ... in the office of the clerk of such subdivision for any public agency of a political subdivision of the state ....
10. It is found that the respondent published notice of its July 8, 1993 meeting, and that such notice correctly stated the date of its meeting as July 8, 1993.
11. It is also found that the respondent posted notice of its meeting, described in paragraph 10, above, on the complainant's property but such notice incorrectly stated the date of the meeting as July 5, 1993.
12. In light of the regular meeting notice requirements of 1-21(a), G.S., it is concluded that the respondent's action, described in paragraph 11, above, did not violate any of the complainant's rights under the Freedom of Information Act.
13. The Commission therefore declines to declare null and void the action taken by the respondent at its July 8, 1993 hearing regarding the complainant's application for a variance.
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.
Docket # FIC 93-192 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 dismissed.
2. The Commission takes this opportunity to apprise the respondent that the Commission did not and will not consider evidentiary material submitted to it without a proper foundation being made before the Commission.
Approved by Order of the Freedom of Information Commission at its regular meeting of December 22, 1993.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket # FIC 93-192 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:
John C. Kucej
c/o Linda P. Dunphy, Esq.
95 North Main Street
Waterbury, CT 06702
Fairfield Zoning Board of Appeals
c/o Roy H. Ervin, Esq.
Fairfield Town Attorney
1177 Post Road
P.O. Box 5
Fairfield, CT 06430
Elizabeth A. Leifert
Acting Clerk of the Commission