FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Mary D. Zawacki,

 

                                Complainant

 

                against                   Docket #FIC 95-195

 

Deep River Board of Selectmen, Deep River Board of Finance and

Deep River Water Pollution Control Authority,

 

                                Respondents                        May 8, 1996

 

                The above-captioned matter was re-opened and heard as a contested case on March 12, 1996, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.

 

                2.  By letter of complaint dated June 9, 1995, and filed with the Commission on June 13, 1995, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information ("FOI") Act by:

 

                                a              failing to properly notice the special meeting held on May 22, 1995; and

 

                                b.             scheduling a town meeting on June 1, 1995 at 7:00pm which conflicted with a previously scheduled Conservation and Inland Wetland Commission public hearing.

 

                3.  At the hearing on this matter the complainant withdrew that portion of her complaint, as described in paragraph 2b., above.

 

                4.  With respect to the allegation, as described in paragraph 2a., above, it is found that the Second Selectman called a special meeting of the respondents, which meeting was held on May 22, 1995 (hereinafter "May 22, 1995 meeting").

 

                5.  It is found that notice of the May 22, 1995 meeting was filed with the town clerk on May 17, 1995.

 

Docket #FIC 95-195                                                Page 2

 

                6.  The complainant contends that the notice, described in paragraph 5, above, did not adequately apprise the public of the business to be transacted at the May 22, 1995 meeting.

 

                7.  It is found that the notice, described in paragraph 5, above, indicates that the business to be transacted at the May 22, 1995 meeting was "to discuss and act on the proposed extension of the South Main Street sewer line."

 

                8.  It is found that the business transacted at the May 22, 1995 meeting was a discussion and vote on financial assistance for the South Main Street sewer extension.

 

                9.  It is found that the business transacted, as described in paragraph 8, above, fell within the purview of the business noticed on the May 22, 1995 meeting notice, as described in paragraph 7, above.

 

                10.  It is therefore concluded that the respondents did not violate 1-21(a), G.S., with respect to noticing the May 22, 1995 meeting.

 

                11.  The complainant also contends that the Second Selectman ran the May 22, 1995 meeting instead of the respective chairpersons of each of the respondents.

 

                12.  It is concluded that the allegation, as described in paragraph 11, above, does not constitute a violation of the FOI Act.

 

                13.  The complainant further contends that the May 22, 1995 meeting was illegal because three agencies met together and conducted business.

 

                14.  It is concluded that nothing in the FOI Act precludes joint meetings of public agencies, provided such meetings are properly noticed and votes and minutes recorded pursuant to the requirements of 1-21(a), G.S.

 

Docket #FIC 95-195                                             Page 3

 

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

 

                1.  The complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 8, 1996.

 

                                                                                             

                                                                Elizabeth A. Leifert

                                                                Acting Clerk of the Commission

 

Docket #FIC 95-195                                             Page 4

 

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:

Mary D. Zawacki

40 Stevenstown Road

Deep River, CT 06417

 

Deep River Board of Selectmen

174 Main Street

Deep River, CT 06417

 

Deep River Board of Finance

174 Main Street

Deep River, CT 06417

 

Deep River Water Pollution Control Authority

174 Main Street

Deep River, CT 06417

 

                                                                                             

                                                                Elizabeth A. Leifert

                                                                Acting Clerk of the Commission