FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Daniel W. Reese,
Complainant
against Docket #FIC 93-277
Frank Parisette, Chairman, New Fairfield Board of Finance,
Respondent August 24, 1994
The above-captioned matter was heard as a contested case on March 24, 1994, 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 dated September 29, 1993 and filed with the Commission on October 6, 1993, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by failing to provide notice of certain items of business acted upon at the September 15, 1993 New Fairfield Board of Finance ("Board of Finance") meeting.
3. Specifically in his September 29 letter of complaint, the complainant alleged that the respondent failed to give notice that a contract with William M. Mercer Company ("Mercer") would be terminated and an insurance "agent of record" appointed at the September 15, 1993 meeting. The complainant requested that the Commission declare null and void the actions taken by the respondent with respect to the Mercer contract termination and the insurance agent appointment.
4. It is found that the Board of Finance held a regular meeting on September 15, 1993.
5. It is found that an agenda describing various items of business to be addressed by the Board of Finance was duly filed for the September 15, meeting.
6. It is found that the September 15 meeting agenda, referred to in paragraph 4, above, reflects an item of business described as "Medical Insurance Trust Fund."
Docket #FIC 93-277 Page 2
7. The complainant contends that although the September 15 agenda indicates that trust fund matters would be discussed, it does not specify that the Mercer contract and "agent of record" matters would be specifically voted upon.
8. Section 1-21(a), G.S., requires that an agenda of the regular meetings of every public agency be available to the public and filed not less than twenty-four hours prior to the meetings to which such agenda refers.
9. It is found that based upon the evidence presented at the hearing, the Mercer contract and the "agent of record" matters are ones which fall within the purview of the Medical Insurance Trust Fund issue, an issue which was duly noticed on the September 15, 1993 meeting agenda.
10. It is therefore concluded that the respondent did not violate any of the complainant's rights under the FOI Act.
11. Consequently, the Commission declines to issue a null and void remedy in this matter.
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 August 24, 1994.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 93-277 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:
DANIEL W. REESE
2 Hudson Drive
New Fairfield, CT 06812
FRANK PARISETTE, CHAIRMAN, NEW FAIRFIELD BOARD OF FINANCE
Route 39, P.O. Box 8896
New Fairfield, CT 06812
Debra L. Rembowski
Clerk of the Commission