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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Bert Bosse and Barbara Griffin, |
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Complainants |
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against |
Docket #FIC 2001-172 |
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Joyce
Okonuk, First Selectman, |
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Respondents |
June 27, 2001 |
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The above-captioned matter was heard as a contested
case on May 3, 2001, at which time the complainants 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 §1-200(1), G.S.
2. By letter dated March 22, 2001 and filed on March 26, 2001, the complainants appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by conducting business at the respondent board’s March 1, 2001 special meeting that was not on the agenda for such meeting. The complainants requested that this Commission impose a civil penalty against the respondent first selectman and order the respondent board to attend a FOI seminar.
3. Section 1-225(d), G.S., provides in relevant part that:
Notice 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 such subdivision for any public agency of a political subdivision of the state . . . The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by such public agency . . . .
4. It is found that the respondent board held a special meeting on March 1, 2001 and that the notice for such meeting listed one item of business which was to “discuss and act upon legal opinion regarding Local 531 Union contract.”
5. It is found that at the March 1, 2001 meeting, the respondents discussed a legal opinion from their attorney that clarified the authority of the First Selectman and the Board of Finance over the town accountant position.
6. It is found that no action was taken at the March 1, 2001 meeting.
7. It is found that the town accountant position is governed by Local 760’s union contract and not by Local 531’s union contract.
8. It is also found that the respondents did not discuss anything related to Local 531’s union contract at the March 1, 2001 meeting.
9. It is found that the respondents failed to properly specify the business to be transacted at the March 1, 2001 meeting, and considered business other than what was specified in the notice and agenda for such meeting.
10. It is therefore concluded that the respondents violated the provisions of §1-225(d), G.S.
11.
The complainants’ requests for relief are denied.
The following order
by the Commission is hereby recommended on the basis of the record concerning
the above-captioned complaint.
1. Henceforth, the respondents shall strictly comply with the provisions of §1-225(d), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of June 27, 2001.
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Petrea A. Jones
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:
Bert Bosse
246 Beaumont Highway
PO Box 61
Lebanon, CT 06249
Barbara Griffin
760 Trumbull Highway
Lebanon, CT 06249
Joyce Okonuk, First Selectman,
Town of Lebanon; and Board
of Selectmen, Town of Lebanon
c/o Ronald F. Ochsner, Esq.
Berberick, Murphy & Whitty, P.C.
12 Case Street, PO Box 1126
Norwich, CT 06360
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-172/FD/paj/06/29/2001