FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Phylis B. Bernard,

 

                        Complainant

 

            against              Docket #FIC 94-249

 

Norfolk Botelle School Building Committee,

 

                        Respondent                  April 26, 1995

 

            The above-captioned matter was heard as a contested case on February 27, 1995, 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 with the Commission on July 28, 1994, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information Act by denying her access to a meeting held on June 21, 1994 and further, that the respondent convened in executive session on June 21, 1994 for an improper purpose.

 

            3.  Section 1-21i(b)(1), G.S., requires that a notice of appeal be filed within thirty days of an alleged violation of the FOI Act.

 

            4.  Section 1-21i(b)(1), G.S., also provides that the notice of appeal shall be deemed to be filed on the date it is received by the Commission or on the date it is postmarked, if received more than thirty days after the date of the denial from which the appeal is taken.

 

            5.  It is found that the complainant's notice of appeal was filed on July 28, 1994 is untimely.

 

            6.  It is therefore concluded that the Commission lacks jurisdiction to hear this appeal.

 

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

 

Docket #FIC 94-249                           Page 2

 

            1.  The complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 26, 1995.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

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:

 

PHYLIS B. BERNARD

15 Aetna Lane

P.O. Box 233

Norfolk, CT 06058

 

NORFOLK BOTELLE SCHOOL BUILDING COMMITTEE

c/o Jeffrey J. Mirman, Esq.

Levy & Droney, P.C.

P.O. Box 887

Farmington, CT 06034

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission