FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Gwen Fremlin,

 

            Complainant

 

            against                                                                          Docket #FIC 1995-416

 

Kathy Neth, Ellen Berk, John Lavagnino, Francine

Leniston, Jerry Ryan, Edward Asvazadourian, Robert

Maloney, Don Torre, Cindy Taylor, Linda Shine-Wise,

and Candlewood Isle Tax District Board of Directors,

 

            Respondents                                                                 November 13, 1996

 

 

            The above-captioned matter was heard as a contested case on June 5, 1996, at which time the complainant and the respondents appeared, stipulated to certain facts, and presented testimony, exhibits and argument on the complaint.  Docket #FIC 1995-420, Daniel O’Connor against Board of Directors, Candlewood Isle Tax District, was consolidated with the above-captioned case for purposes of hearing.

 

            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 undated letter postmarked December 26, 1995 and filed with this Commission on December 28, 1995, the complainant alleged that the respondents violated the Freedom of Information Act (“FOI”) Act with respect to a secret or unnoticed meeting held at a private residence on November 16, 1995, and by conducting secret or unnoticed meetings on unspecified dates to approve expenses associated with the holding of its annual meeting and various legal services.  The complainant also requested the imposition of civil penalties against the respondents.

 

3.         At the hearing into this matter, the respondents filed a motion to dismiss for lack of subject matter jurisdiction on the basis that the Commission did not hear this appeal within thirty days of its receipt.

 

4.         Section 1-21i(b)(1), G. S., provides in relevant part that:

 

Said [FOI] commission shall, after due notice to the parties, hear and decide the appeal within one year after the filing of the notice of appeal.  The [FOI] Commission shall adopt regulations in accordance with chapter 54, establishing criteria for those appeals which shall be privileged in their assignment for hearing.  Any such appeal shall be heard within thirty days after receipt of a notice of appeal and decided within sixty days after the hearing.  [Emphases added.]

 

5.         It is found that this appeal was filed on December 28, 1995 and was not privileged in its assignment for hearing.

 

6.         Consequently, it is concluded that the Commission has jurisdiction to hear and decide this appeal within one year of December 28, 1995. The respondents’ motion to dismiss is therefore denied.

 

            7.  The respondent also filed a motion to dismiss for lack of subject matter jurisdiction on the basis that the complainant did not file this appeal within the thirty-day period required pursuant to §1-21i(b)(1), G.S.

 

8.  Section 1-21i(b)(1), G.S., provides in pertinent part that:

 

A notice of appeal shall be filed within thirty days after such denial, except in the case of an unnoticed or secret meeting, in which case the appeal shall be filed within thirty days after the person filing the appeal receives notice in fact that such meeting was held.  For purposes of this subsection, such notice of appeal shall be deemed to be filed on the date it is received by said commission or on the date it is postmarked, if received more than thirty days after the date of the denial from which such appeal is taken.

 

9.  It is found that the respondents met on November 16, 1995 and that the complainant had knowledge of the meeting prior to that date.

 

10.  It is found that the complainant’s appeal in this matter postmarked December 26, 1995, was filed more than thirty days after the complainant had notice in fact that such meeting was held.

 

11.  It is accordingly concluded that pursuant to §1-21i(b)(1), G.S., the Commission lacks subject matter jurisdiction over that portion of the complaint concerning allegations of wrongdoing at a November 16, 1995 meeting.

 

            12.  With respect to the complainant’s allegation concerning secret or unnoticed meetings of unestablished dates, it is found that the complainant made an assumption that the respondents conducted secret or unnoticed meetings during the thirty day period prior to the filing of her complaint in this matter.

 

            13.  It is concluded that this Commission has jurisdiction to hear and decide that portion of the complaint that alleges the respondents conducted secret or unnoticed meetings on unspecified dates.  The respondents’ motion to dismiss that portion of the complaint is accordingly denied.

 

            14.  It is found that the respondents pay routine bills without meeting.

 

            15.  It is also found that no secret or unnoticed meetings occurred, during the thirty day period preceding this complaint, for the respondents’ approval of legal expenses or expenses related to the conduct of an annual meeting.

 

            16.  It is accordingly concluded that the respondents are not in violation of the provisions of the FOI Act with respect to alleged secret or unnoticed meetings for approval of expenditures.

 

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 November 13, 1996.

 

 

__________________________

Elizabeth A. Leifert

Acting 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:

 

Gwen Fremlin

Box 54

Candlewood Isle

New Fairfield, CT 06812

 

 

Kathy Neth, Ellen Berk, John Lavagnino, Francine Leniston, Jerry Ryan, Edward Asvazadourian, Robert Maloney, Don Torre, Cindy Taylor, Linda Shine-Wise,

and Candlewood Isle Tax District Board of Directors

c/o  Francis J. Collins, Esq.

148 Deer Hill Avenue

P.O.  Box 440

Danbury, CT 06810

 

 

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

 

FIC 1995-416/FD/eal/112296