FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Thomas Pardovich,

 

                        Complainant

 

            against              Docket #FIC 94-117

 

Charles L. Johnson, Jr., Joseph M. Montesano, Jr., Frederick J.

Trotta and Guilford Board of Tax Review,

 

                        Respondents                 December 14, 1994

 

            The above-captioned matter was heard as a contested case on October 18, 1994, 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 of complaint filed with this Commission on April 12, 1994, the complainant alleged that the respondents violated the provisions of the Freedom of Information ("FOI") Act in the following ways:

 

            By improperly conducting and noticing its regular meeting of March 12, 1994; by failing to properly notice its meeting of March 22, 1994; and by failing to promptly comply with his April 5, 1994 request for the minutes and records of votes of the respondent's 1994 meetings.

 

He also made general allegations that the respondents regularly fail to comply with the provisions of the FOI Act.

 

            3.  Pursuant to 1-21i(b)(1), G.S., this Commission lacks subject matter jurisdiction over non-compliance alleged to have occurred under the facts of this case prior to March 13, 1994.

 

            4.  It is found that the respondents' special meeting of March 19, 1994 at the town assessor's office was adjourned to March 22, 1994.

 

            5.  It is found that although a notice of adjournment was

 

Docket #FIC 94-117                           Page 2

 

posted on both the assessor's office door as well as on the town hall bulletin board on March 21, 1994 at approximately 5:00 p.m., such notice was not posted within twenty-four hours after the time of the adjournment as required by 1-21d, G.S.

 

            6.  Accordingly, the respondents violated the provision of 1-21d, G.S., by failing to post the notice of adjournment in a timely fashion.

 

            7.  It is found that with respect to the complainant's April 5, 1994 request for minutes, the respondents did not have minutes available for public inspection within seven days of the session to which they referred as required by 1-21(a), G.S.

 

            8.  It is concluded that the respondents are in violation of 1-21(a), G.S., under the facts of this case.

 

            9.  At the hearing into this matter, the respondents also argued that their cases are approved or denied by consensus rather than by vote, and therefore no such decisions are recorded as votes.

 

            10.  This Commission takes administrative notice of the final decisions in contested cases docket numbers FIC 88-455 and FIC 89-123, both of which provide that a "consensus," "veto," or "endorsement" constitute a vote within the meaning of 1-21(a), G.S.

 

            11.  It is concluded that the respondents violated the provisions of 1-21(a), G.S., by failing to provide to the complainant a written record of all votes as requested by the complainant on April 5, 1994.

 

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

 

            1.  That portion of the complaint concerning the respondents' regular meeting of March 12, 1994 is hereby dismissed for lack of subject matter jurisdiction.

 

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

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 14, 1994.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

Docket #FIC 94-117                           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:

THOMAS PARDOVICH

c/o John Lambert, Esq.

25 Trumbull Place

North Haven, CT 06473

 

CHARLES L. JOHNSON, JR., JOSEPH M. MONTESANO, JR., FREDERICK J. TROTTA AND GUILFORD BOARD OF TAX REVIEW

c/o Judith A. Ravel, Esq.

500 East Main Street, Suite 312

Branford, CT 06405

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission