FREEDOM OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Mary Davis, | |||
Complainants | |||
against | Docket #FIC 1997-431 | ||
Chairman, Inland-Wetland
Commission, Town of Naugatuck; and Inland-Wetland Commission, Town of Naugatuck, |
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Respondents | July 22, 1998 |
The above-captioned matter was heard as a contested case on March 18, 1998, and April 29, 1998, at which times 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(1), G.S.
2. By letter dated October 13, 1997 and filed on October 16, 1997, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (FOI) Act by conducting a meeting without proper notice.
3. It is found that the respondent commission consists of five members.
4. It is also found that, prior to the respondent commissions special meeting of September 24, 1998, two members of such commission, including the respondent chairman, visited a certain site which was later considered at such meeting. It is further found that prior notice of such visit was not posted by the respondents.
5. Section 1-21(a), G.S., in relevant part provides that:
[n]otice of each special meeting of every public agency shall be given not less than twenty-four hours prior to the time of such meeting by filing a notice of the time and place thereof in the office of the [town] clerk (Emphasis added).
6. However, §1-18a(2), G.S., defines meeting as:
[a]ny hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public agency, and any communication by or to a quorum of a multimember public agency, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power .
7. It is found that the site visit described in paragraph 4, above, was not a convening or assembly of a quorum of the respondent commission; it is also found that such visit was not a hearing or proceeding of such commission within the meaning of §1-18a(2), G.S. Accordingly, it is concluded that such visit was not a meeting which required prior notice pursuant to §1-21(a), G.S., and that the respondents did not violate such provision by failing to post such prior notice.
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 July 22, 1998.
_________________________ Doris V. Luetjen 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:
Mary Davis 180 Donovan Road P.O. Box 345 Naugatuck, CT 06770
Chairman, Inland-Wetland Commission, Town of Naugatuck; and Inland-Wetland Commission, Town of Naugatuck c/o Atty. Carlos A. Santos Fitzpatrick & Mariano, P.C. 203 Church Street Naugatuck, CT 06770
__________________________ Doris V. Luetjen Acting Clerk of the Commission
FIC1997-431/FD/tcg/07291998