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FREEDOM OF INFORMATION
COMMISSION |
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In the Matter of a Complaint by |
FINAL DECISION |
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Gus
Montanaro and Friends
of Public Access, |
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Complainant |
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against |
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Docket
#FIC 1999-214 |
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Advisory Council For Cable
Television, Area II, |
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Respondents |
September
22, 1999 |
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The above-captioned matter was heard as a contested
case on July 14, 1999, at which time the complainants 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 §1-200(a), G.S., [formerly §1-18a(1), G.S.].
2.
It
is found that the respondent held a regular meeting on April 27, 1999
(hereinafter “April meeting”) during which it conducted the business on the
agenda for such meeting.
3.
By
letter dated May 6, 1999 and filed on May 10, 1999, the complainants appealed
to this Commission alleging that the respondent violated the Freedom of
Information (“FOI”) Act by conducting an illegal meeting.
4.
At
the hearing in this matter, the complainants further maintained that the
respondent’s by-laws require that there be a quorum of the voting members
present at any meeting in order to conduct business and that the respondent
conducted business at its April meeting without the required quorum at such
meeting, in violation of the respondent’s by-laws. The respondent contends that it did have the requisite quorum to
conduct business at its April meeting.
5.
It
is found however that the Commission lacks jurisdiction to determine whether
the respondent conducted its April meeting in violation of its by-laws.
6.
It
is concluded that the respondent did not violate the FOI Act with respect to
its April meeting.
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
22, 1999.
_________________________
Melanie
R. Balfour
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:
Gus
Montanaro and
Friends
of Public Access
PO
Box 9284
Bridgeport,
CT 06601
Advisory Council for
Cable Television, Area II
c/o
Howard Jacobson
666
Sturges Highway
Westport,
CT 06880
__________________________
Melanie
R. Balfour
Acting
Clerk of the Commission
FIC1999-214FD/mrb/09221999