FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Jeannine Jandreau, | |||
| Complainants | |||
| against | Docket #FIC 2002-166 | ||
|
Mayor, Town of Plymouth; and Town Council, Town of Plymouth, |
|||
| Respondent | August 28, 2002 | ||
The above-captioned matter was heard as a contested case on June 25, 2002, at which time the complainant 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 April 10, 2002 and filed on April 15, 2002 the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (FOI) Act by conducting an illegal meeting during the respondent council’s April 2, 2002 public hearing.
3. Section 1-225(a), G.S., provides in relevant part that “[t]he meetings of all public agencies . . . shall be open to the public.”
4. Section 1-200(2), G.S., provides in relevant part that meeting “means . . . 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.”
5. It is found that the respondent council held a public hearing on April 2, 2002 that started at 7:00 p.m.
6. It is found that the respondent council had previously determined that the public hearing would conclude at 10:00 p.m. and when the respondent mayor noticed that it was a few minutes after 10:00 p.m., he called for a recess.
7. It is found that the purpose of the recess was to determine whether the members of the respondent council wanted to extend, continue or adjourn the public hearing.
8. It is found that the respondent council decided to extend the public hearing and the mayor ended the recess and informed the public of the council’s decision.
9. It is found that the recess lasted less than two minutes and that no other business was discussed; however the public was not privy to the discussion that occurred during the recess.
10. It is found that there was no intention on the part of the respondents to circumvent the open meetings provisions of §1-225(a), G.S.
11. Section 1-200(2), G.S., provides in relevant part that “ ‘meeting’ shall not include . . . communication limited to notice of meetings of any public agency or the agendas thereof.”
12. It is found that under the specific facts and circumstances of this case the discussion during the recess, which dealt with the question of whether or not to continue with the hearing’s agenda at that time, constituted communication related to the notice of the respondent council’s meeting, within the meaning of the exclusion to the definition of meeting under §1-200(2), G.S.
13. It is therefore concluded that the respondents did not violate §1-225(a), G.S., as alleged by the complainant.
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 August 28, 2002.
_______________________________________
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:
Jeannine Jandreau
34 South Main Street
Terryville, CT 06786
Mayor, Town of Plymouth; and
Town Council, Town of Plymouth
c/o Thomas W. Conlin, Esq.
140 Farmington Avenue
Bristol, CT 06010
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2002-166/FD/paj/8/29/2002