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