FREEDOM OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Francis S. Rotella, | |||
Complainants | |||
against | Docket #FIC 1998-116 | ||
Meriden Housing
Authority, City of Meriden, |
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Respondents | September 9, 1998 |
The above-captioned matter was heard as a contested case on June 15, 1998 at which time the complainant and the respondent 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 respondent is a public agency within the meaning of §1-18a(1), G.S.
2. By letter of complaint dated and filed with the Commission on April 22, 1998, the complainant alleged that the respondent violated the Freedom of Information (FOI) Act with respect to a special meeting held on April 13, 1998, by:
a) failing to provide proper notice of the meeting; andb) denying the complainant access to attend the walking tour conducted at Willow Court development.
3. With respect to the allegation described in paragraph 2a, above, it is found that the complainant alleged for the first time, during the hearing on this matter, that certain of the respondent members did not receive proper notice of the April 13, 1998 meeting.
4. It is concluded that the allegation concerning notice to members of the respondent, described in paragraph 3, above, was not fairly raised in the complaint. Consequently, such allegation is not properly before the Commission and may not be addressed in the context of this case.
5. With respect to the allegation described in paragraph 2b, above, it is found that the respondent held a special meeting on April 13, 1998, during which the respondent adjourned to the Willow Court development, and conducted a walking tour of certain housing units to assess the condition of such units. It is found that all five members of the respondent attended the tour and inspected some of the housing units, the laundry and storage facilities and the Willow Court grounds.
6. The complainant contends that the respondent denied him access to attend the walking tour, slammed a door in his face and permitted a reporter to attend the tour while he was not. The respondent on the other hand contends that the complainant was never denied access. The complainant further contends that the respondent improperly adjourned the April 13, 1998 meeting, rather than recess such meeting.
7. Section 1-18a(2), G.S., provides, in relevant part:
Meeting" means any 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.
8. Section 1-21(a), G.S., further provides, in relevant part:
The meetings of all public agencies, except executive sessions as defined in subdivision (6) of section 1-18a, shall be open to the public.
9. It is found that the walking tour, described in paragraph 5, above, was a part of the April 13, 1998 meeting conducted by the respondent.
10. It is found that the evidence presented at the hearing on this matter is conflicting on the issue of whether the respondent denied the complainant access to attend the walking tour.
11. It is further found that the complainant failed to provide evidence sufficient for the Commission to find that the respondent denied him access to attend the walking tour.
12. It is therefore, concluded that the respondent did not deny the complainant access to attend the walking tour and consequently, did not violate §1-21(a), G.S.
13. It is also concluded that the respondent did not violate any of the FOI Act meeting provisions when it adjourned the April 13, 1998 meeting to Willow Court.
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 September 9, 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:
Francis S. Rotella 55 Willow Street Apt 304-S Meriden, CT. 06450
Meriden Housing Authority, City of Meriden c/o Atty. Barry T. Pontolillo P.O.Box 943 Meriden, CT 06450
__________________________ Doris V. Luetjen Acting Clerk of the Commission
FIC1998-116/FD/mrb09151998