FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Calvin C. Cobb,

 

                                Complainant

 

                against                   Docket #FIC 94-166

 

Willington Board of Education,

 

                                Respondent                          February 22, 1995

 

                The above-captioned matter was heard as a contested case on December 12, 1994, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

 

                2.  By letter of complaint filed with this Commission on May 25, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by conducting an improper meeting on May 19, 1994.  He also alleged that the respondent failed to vote to add a non-agenda item to its agenda at its May 17, 1994 meeting and that minutes and records of votes were unavailable for public inspection on May 20, 1994, more than 48 hours after the respondent's May 17, 1994 meeting.  Finally, the complaint alleged that the respondent did not have minutes for its May 10, 1994 regular meeting available for public inspection as of May 20, 1994.

 

                3.  It is found that on May 10 and May 17, 1994, the respondent conducted regular meetings.

 

                4.  It is also found that the respondent has no regular office or place of business.

 

                5.  It is found that the respondent regularly files its minutes and records of votes with the superintendent's office, and that copies of these records are forwarded to the town clerk when the next board of education agenda is compiled.

 

                6.  It is found that minutes and records of votes for the respondent's May 10 and May 17, 1994 meetings were not available at the town clerk's office when the complainant sought them on May 20, 1994.

 

Docket #FIC 94-166                                             Page 2

 

                6.  It is concluded that the respondent violated the provisions of the FOI Act by failing to have its minutes and records of votes for May 10 and May 17, 1994 timely available for public inspection at town hall in accordance with the provisions of 1-21(a), G.S.,

 

                7.  At the hearing into this matter, the respondent failed to present evidence to rebut the allegation that at its May 17, 1994 regular meeting, the respondent considered an item of business not on its agenda without taking the required 2/3 vote pursuant to 1-21(a), G.S.

 

                8.  It is accordingly concluded that the respondent violated the provisions of 1-21(a), G.S., by considering a topic of business not on its agenda without first taking the required 2/3 vote.

 

                9.  It is found that on May 19, 1994, the respondent conducted an unnoticed meeting for which no agenda was provided and for which no minutes or record of vote were kept.

 

                10.  It is concluded that under the facts of this case, the respondent violated the provisions of 1-21(a), G.S., by conducting an unnoticed meeting and failing to keep a record of its votes and minutes for that meeting.

 

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

 

                1.  Henceforth the respondent 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 February 22, 1995.

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission

 

Docket #FIC 94-166                                             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:

CALVIN C. COBB

6 Tolland Turnpike

West Willington, CT 06279

 

WILLINGTON BOARD OF EDUCATION

c/o Hall Memorial School

111 River Road

Willington, CT 06279

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission