FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by              FINAL DECISION

 

Neil G. Gordes,

 

                        Complainant

 

            against              Docket #FIC 94-83

 

Rocky Hill Board of Tax Review,

 

                        Respondent                   March 8, 1995

 

            The above-captioned matter was heard as a contested case on July 25, 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 of complaint filed March 23, 1994, the complainant appealed to the Commission, alleging that the respondent met on March 2, 1994 without notice or agenda.

 

            3.         It is found that the complainant appealed his tax assessment to the respondent on February 22, 1994.

 

            4.         It is found that the complainant inquired at that time when a decision would be made, and was informed that he would hear within two weeks.

 

            5.         It is found that the respondent held special meetings on March 1, March 2, March 4, and March 5, 1994 to deliberate upon tax appeals.

 

            6.         It is found that the secretary of the respondent by letter dated February 25, 1994 notified the town clerk that the respondent would be meeting on those dates in March.

 

            7.         It is found that the respondent's notice of the deliberation sessions does not specify which taxpayers' appeals will be held on which dates.

 

            8.         The complainant maintains that the notice of the meetings is therefore insufficient.

 

Docket #FIC 94-84                               Page 2

 

            9.         The respondent maintains that the notice of the meetings can not be more specific, since the respondent can not know how many tax appeals it will deliberate on in any given night.

 

            10.        The respondent also maintains that taxpayers may contact the assessor's office to determine what night the respondent will deliberate on their appeal.

 

            11.        On its own motion, the Commission takes administrative notice of its record and final decision in docket #FIC 93-121, Edward A. Peruta against Michael Egan, James Sweeny and Wethersfield Board of Tax Review.

 

            12.        In docket #FIC 93-121, the Commission concluded under a similar set of facts that a board of tax review, given its governing statutes, did not violate 1-21(a), G.S., by failing to list every taxpayer appeal to be heard at a deliberative meeting.

 

            13.        It is therefore concluded that the respondent in this case did not violate 1-21(a), G.S., by failing to list the complainant's tax appeal on the notice of meeting filed with the town clerk.

 

            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.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 8, 1995.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

Docket #FIC 94-83                               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:

NEIL G. GORDES

741 France Street

Rocky Hill, CT 06067

 

ROCKY HILL BOARD OF TAX REVIEW

699 Old Main Street

P.O. Box 657

Rocky Hill, CT 06067

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission