FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
Wesley S. Lubee, Jr.,
		Complainant
	against		Docket #FIC 1999-607
Town Council, Town of Wallingford,
		Respondents	May 10, 2000

The above-captioned matter was heard as a contested case on March 23, 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 on December 22, 1999, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by improperly authorizing a $2400 expenditure during an executive session.

 

            3.  It is found that the respondent held a regular meeting on November 9, 1999 during which it held an executive session (hereinafter “executive session”).

 

4.  It is found that the executive session that the complainant alleges the improper authorization was given by the respondent occurred on November 9, 1999.

 

5.  With respect to the Commission’s jurisdiction, §1-206, G.S. [formerly §1-21i(b)(1), G.S.] provides, in relevant part:

 

(b)(1)  Any person … wrongfully denied the right to attend any meeting of a public agency or denied any other right conferred by the Freedom of Information Act may appeal therefrom to the Freedom of Information Commission, by filing a notice of appeal with said commission.  A notice of appeal shall be filed within thirty days after such denial ….

 

6.  The complainant’s appeal was filed on December 22, 1999 well beyond the thirty day period permitted by §1-206, G.S. [formerly §1-21i(b)(1), G.S.].

 

7.  Consequently, it is concluded that the Commission lacks jurisdiction to address the merits of the complainant’s allegation.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

              1.  The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of

May 10, 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:

 

 

Wesley S. Lubee, Jr.,

15 Montowese Trail

Wallingford, CT  06492

 

Town Council, Town of Wallingford

c/o Adam Mantzaris, Esq.

Corporation Counsel

Town of Wallingford

45 South Main Street

Wallingford, CT  06492 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

FIC1999-607FD/mes/05/11/00