FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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| Alphonse Avitable, |
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Complainant |
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against |
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Docket #FIC 1999-581 |
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Planning Commission, |
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Respondents |
April 26, 2000 |
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This matter was heard as a contested case on February 4, 2000, 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 §1-200(1),
G.S. [formerly §1-18a(1),
G.S.]
2. By letter dated and filed with the Commission on December 7, 1999, the complainant alleged that the respondent violated the Freedom of Information Act in several respects. However, at the hearing in this matter, it was concluded that the only allegation over which the Commission has jurisdiction relates to a November 13, 1999, meeting of the respondent. Specifically, the complainant alleges that the notice of such meeting was changed and that the public did not receive notice of such change at least twenty-four hours prior to such meeting. Accordingly, the complaint in this matter is limited to such allegation.
3. Section 1-225, G.S. [formerly §1-21, G.S.], provides in relevant part:
[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…clerk of [the]…political subdivision of the state…Such notice shall be given not less than twenty-four hours prior to the time of the special meeting….The notice shall specify the time and place of the special meeting and the business to be transacted….
4. It is found that the respondent conducted a special meeting at approximately 9 A.M. on November 13, 1999 [hereinafter “the meeting”].
5. It is found that, prior to the meeting, the respondent filed a notice of such meeting with the Bethlehem town clerk which stated that the business to be transacted at such meeting would be:
1. Ed Soltesz – Flanders Road
2. Other Business.
6. It is also found that the respondent commission thereafter changed the business to be transacted at the meeting. It is further found that the respondent filed a second notice with the Bethlehem town clerk which stated that the business to be transacted at the meeting would be:
1. Ed Soltesz – Flanders Road
2. Vacancy/Appointment
3. Other Business.
7. It is found that the respondent filed the second notice, described in paragraph 6, above, with the Bethlehem town clerk less than twenty-four hours prior to the convening of the meeting.
8. It is therefore concluded that the respondent violated §1-225, G.S. [formerly §1-21, G.S.], by failing to timely file the notice of the meeting.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. Henceforth, the respondent shall strictly comply with the provisions of §1-225, G.S. [formerly §1-21, G.S.].
2. The Commission takes this opportunity to remind the respondent that a notice of a special meeting must specify the business to be transacted so that the public will be fairly apprised of the intended actions of the agency, and that, pursuant to §1-225, G.S. [formerly §1-21, G.S.], “no other business shall be considered at” such a meeting.
Approved by Order of the Freedom of Information Commission at its regular meeting of
April 26, 2000.
_________________________
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:
Alphonse Avitable
Planning Commission, Town of Bethlehem
c/o Atty. Michael A. Zizka
Murtha, Cullina, Richter & Pinney
CityPlace I – 185 Asylum Street
Hartford, CT 06103-3469
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-581FD/mrb/05/01/00