FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Charles Alfano, Eva Brown, Edward Fedorowich, Jr. and Mark V. Jones,

 

                                Complainants

 

                against                   Docket #FIC 95-389

 

John V. Nejfelt, Chairman, Somers Ethics Commission, Frank J. Dever,

Martha Rainey, Herbert Warnock and Somers Ethics Commission,

 

                                Respondents                        June 26, 1996

 

                The above-captioned matter was heard as a contested case on April 23, 1996, at which time the complainants and the respondents appeared 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 filed with this Commission on November 8, 1995, the complainants alleged the following:

 

                a)  with respect to an October 11, 1995 meeting, the respondents failed to abide by the provisions of 7-148h and 1-82a(a)-(e), G.S., and the respondents failed to have available to the public the minutes and record of votes for that meeting;

 

                b)with respect to a meeting of October 26, 1995, the respondents violated 1-82a(a)-(e), G.S., and the respondents failed to have available to the public the minutes and record of votes for that meeting.

 

The complainants also requested the imposition of civil penalties against the respondents.

 

                3.  The Commission notes that no allegations are made against respondents Warnock and Rainey with respect to paragraph 2a), above.

 

                4.  The Commission's jurisdiction is limited to the provisions of the Freedom of Information ("FOI") Act and accordingly does not extend to the provisions of the state ethics statutes contained in 1-82a(a)-(e), G.S.  Therefore, the only issues for resolution under the facts of this case concern the minutes and records of votes for the meetings of the respondent ethics commission of October 11 and October 26, 1995.

 

Docket #FIC 95-389                                             Page 2

 

                5.  It is found that on October 11, 1995, respondents Nejfelt, Dever and ethics commission conducted a special meeting during which time these respondents voted.

 

                6.  The respondents claim that Mssrs. Nejfelt and Dever did not constitute a quorum of the respondent ethics commission, and therefore no "meeting" actually occurred.

 

                7.  It is concluded that respondents Nejfelt, Dever and ethics commission conducted a meeting within the meaning of 1-18a(b), G.S., on October 11, 1995 and that the respondents conducted a meeting within the meaning of 1-18a(b), G.S., on October 26, 1995.

 

                8.  It is found that respondents Nejfelt and Dever voted during the meeting of October 11, 1995.

 

                9.  It is also found that the respondents voted during the meeting of October 26, 1995.

 

                10.  It is also found that the respondents did not have available for public inspection minutes or records of votes for the October meetings at issue under the facts of this case.

 

                11.  It is accordingly concluded that the respondents violated the provisions of 1-21(a), G.S., under the facts of this case.

 

                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 provisions of 1-21(a), G.S.

 

                2.  In its discretion the Commission declines to impose civil penalties against the respondents under the facts of this case.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 26, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-389                                             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:

Charles Alfano

22 Ridgewood Drive

Somers, CT 06071

 

Eva Brown

125 Watchaug Road

Somers, CT 06071

 

Edward Fedorowich, Jr.

P.O. Box 124

Somers, CT 06071

 

Mark V. Jones

106 Bilton Road

Somers, CT 06071

 

John V. Nejfelt, Chairman

Somers Ethics Commission

10 Scully Drive

Somers, CT 06071

 

Frank J. Dever

13 Colonial Drive

Somers, CT 06071

 

Martha Rainey

c/o Andrew K. Rockett, Esq.

2461 Main Street

Glastonbury, CT 06033

 

Herbert Warnock

80 Maple Street

Somers, CT 06071

 

Somers Ethics Commission

c/o Carl T. Landolina, Esq.

Fahey, Landolina & Roznoy LLC

487 Spring Street

Suite Two

Windsor Locks, CT 06096

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission