FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Kate Cosgrove,

 

                                Complainant

 

                against                   Docket #FIC 94-442

 

Ed Oczkowski, Oxford First Selectman and Roger O'Toole, Oxford Board of Selectmen,

 

                                Respondents                        October 11, 1995

 

                The above-captioned matter was heard as a contested case on August 2, 1995, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.  This matter was consolidated for hearing with contested case docket #FIC 95-16; Kate Cosgrove v. Ed Oczkowski, Oxford First Selectmen and Roger O'Toole, Oxford Board of Selectmen.

 

                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 December 23, 1994, the complainant alleged that the respondents violated the provisions of the Freedom of Information ("FOI") Act by conducting an unnoticed and improper emergency meeting on November 29, 1994 at 4:40 p.m.

 

                3.  It is found that on November 29, 1994, the respondents indeed conducted an unnoticed meeting for the following purposes:

 

                                a)  to act on litigation concerning the Quaker

                                    Farms School;

 

                                b)  to act upon a temporary zoning enforcement

                                    officer ("ZEO") replacement; and

 

                                c)  to determine the responsibilities of the

                                    ZEO job.

 

                4.  With respect to the November 29, 1994 topic under discussion identified in paragraph 3a, above, it is found that the respondents needed to take legal action against the school's architect and builders no later than December 16, 1994.

 

Docket #FIC 94-442                                             Page 2

 

                5.  The respondents claim that in order to get all the facts in the Quaker Farms School matter and in order to forward all relevant materials to an arbitration panel, they had to convene the emergency meeting in question so as to avoid the risk of missing the December 16, 1994 deadline for legal action.

 

                6.  With respect to the topic identified in paragraph 3b, above, the respondents claim that they had to act on an emergency basis because the town's planning and zoning commission refused to meet until a ZEO replacement was made by the respondents, and that, accordingly, any further delay in acting was causing a "snowball" effect in holding up town construction.

 

                7.  Finally with respect to the topic identified in paragraph 3c, above, the respondents claim that because they had no secretary as of that date, they named the temporary ZEO as secretary.

 

                8.  It is found that the respondents failed to prove that there was a compelling necessity for them to meet or act on November 29, 1994, without providing the minimum twenty-four hours advance notice required for a special meeting pursuant to 1-21(a), G.S.

 

                9.  It is concluded that the respondents violated the provisions of 1-21(a), G.S., by conducting an unnoticed meeting on November 29, 1994 for purposes that do not rise to the standard of "emergency" conditions within the meaning of the FOI Act.

 

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

 

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

 

                2.  Within thirty days of the mailing of the final decision in this matter, the respondents shall contact the staff of this Commission to arrange for an educational workshop to be conducted at the offices of this Commission.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 11, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 94-442                                             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:

 

Kate Cosgrove

66 Bee Mountain Road

Oxford, CT 06478-6133

 

Ed Oczkowski

Oxford First Selectman

486 Oxford Road

Oxford, CT 06478

 

Roger O'Toole

Oxford Board of Selectmen

486 Oxford Road

Oxford, CT 06478

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission