FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Alberta R. Mendenhall,

 

Complainant

 

 

against

Docket #FIC 2003-163

Ann M. Altman, Henry Candido,

John P. Flanagan, Paul C. Jacques,

Carol L. Noble, Elizabeth S. Wetmore,

and Linda White-Epps, as Members,

Legislative Council, Town of Hamden;

and Legislative Council, Town of Hamden,

 

 

Respondents

March 24, 2004

 

 

 

 

The above-captioned matter was heard as a contested case on November 13, 2003, 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 filed April 30, 2003, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by improperly noticing a public meeting, and by improperly participating in that meeting.

 

3.  It is found that, on March 25, 2003, the complainant, as president of the respondent legislative council, notified the respondents that the legislative council would be meeting on April 1 and 2, 2003, to review department budgets for those departments that had requested an opportunity to discuss their particular budgets, and to conduct a workshop at 6:30 p.m. with the administration prior to the department budget reviews.

 

4.  It is found that on March 31, 2003 the complainant filed with the town clerk a schedule, or agenda, of budget reviews with department heads for the April 1 and 2, 2003 meetings.   The April 2, 2003 meeting scheduled budget reviews for the assessor’s office, the registrar’s office, the town clerk, and the board of education.

 

            5.  It is found that six of the respondent council members then requested additional department heads to make themselves available to address the council regarding the budget proposals for their departments, asking them to call the council office to set up time slots for the April 1 and 2, 2003 meetings.

 

6.  It is found that a revised schedule of budget reviews with department heads, adding several departments, was posted on April 1, 2003.

 

7.  It is found that the complainant, upon arriving at the April 1, 2003 meeting, discovered the changes in the schedule of budget reviews and cancelled the meeting because she believed there was confusion about the schedule, and because a quorum of the council was not present at the beginning of the meeting.

 

8.  It is found that the complainant, the next day, also notified all department heads that she was also canceling the budget reviews scheduled for April 2, 2003, “to insure that all who wished to be heard have an opportunity to do so and to further insure that notices of said meetings and … agendas have been properly posted.”

 

9.  It is found that the respondent council nonetheless met on April 2, 2003 and discussed the town clerk’s budget, the board of education’s budget, and the registrar’s budget.

 

10.  The complainant maintains that the respondents violated §1-225, G.S., by changing the agenda for the April 1 and 2, 2003 meetings, and by attending the meeting on April 2, 2003.

 

11.   Section 1-225(d), G.S., provides in relevant part:

 

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 secretary or clerk shall cause any notice received under this section to be posted in his office.  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.  No other business shall be considered at such meetings by such public agency.

 

12.  It is found that some confusion resulted from the alteration of the agendas of the April 1 and 2, 2003 meetings.

 

13.  It is also found, however, that the only business taken up at the April 2, 2003 meeting, discussion of the town clerk’s budget, the board of education’s budget, and the registrar’s budget, were all on the original agenda for the April 2, 2003 meeting filed with the town clerk on March 31, 2003 by the complainant, and that the amended agendas created by the respondents, although not timely filed, were ultimately not followed.

 

14.  It is therefore concluded that the respondents did not violate §1-225(d), G.S.

 

15.  The Commission notes that much of the dispute in this matter revolves around who controls the agenda of the Hamden legislative council, a matter beyond the scope of the FOI Act.

 

16.  The Commission also notes that none of the meeting notices created by either the complainant or the respondents specify the place the special meetings were to be held, as required by §1-225(d), G.S.  Although this issue was not raised in the complaint, the Commission urges all the parties to comply with all the provisions of §1-225(d), G.S.  Although the parties and the participating department heads apparently were aware of the place of the meetings, members of the public may not have been.

 

 

 

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 March 24, 2004.

 

 

___________________________________

Ann B. Gimmartino

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:

 

Alberta R. Mendenhall

Office of the Legislative Council

2372 Whitney Avenue

Hamden, CT  06518

 

Ann M. Altman, Member

Legislative Council, Town of Hamden

2372 Whitney Avenue

Hamden, CT  06518

 

Henry Candido, Member

Legislative Council, Town of Hamden

2372 Whitney Avenue

Hamden, CT  06518

 

John P. Flanagan, Member

Legislative Council, Town of Hamden

2372 Whitney Avenue

Hamden, CT  06518

 

Paul C. Jacques, Member

Legislative Council, Town of Hamden

2372 Whitney Avenue

Hamden, CT  06518

 

Carol L. Noble, Member

Legislative Council, Town of Hamden

2372 Whitney Avenue

Hamden, CT  06518

 

Elizabeth S. Wetmore, Member

Legislative Council, Town of Hamden

2372 Whitney Avenue

Hamden, CT  06518

 

Linda White-Epps, Member

Legislative Council, Town of Hamden

2372 Whitney Avenue

Hamden, CT  06518

 

Legislative Council, Town of Hamden

2372 Whitney Avenue

Hamden, CT  06518

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

FIC/2003-163/FD/abg/03/26/2004