FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on September 11, 2008, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.   The case caption has been amended to reflect the fact that Shelton is a city, not a town.

           

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.  It is found that the respondent commission held a special meeting on May 15, 2008. 

 

3.  By letter dated and filed on May 19, 2008, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by:

 

a)       conducting the May 15, 2008 meeting in an overcrowded

 room; and

b)       starting the meeting five minutes before the announced start

 time. 

 

The complainant requested the imposition of a civil penalty in this matter. 

 

4.  Section 1-225(a), G. S., provides in relevant part that: “[t]he meetings of all public agencies…shall be open to the public.”

 

 5.  With respect to the allegation described in paragraph 3.a, above, it is found that the respondent commission’s special meeting of May 15, 2008, was well attended and that approximately twenty to thirty people were in the meeting room, consisting of members of the respondent commission and its staff, and members of the public, including the complainant.  It is found that some members of the public were sitting in chairs, that some were standing, and that extra folding chairs were available in the room for the public to unfold and use, if desired. 

 

 6.  It is found that there were also individuals waiting in the hall outside the meeting room on that night.  It is further found that people are often waiting in the hall outside the respondent commission’s meetings, since many individuals typically enter the room only to hear certain agenda items, and are not interested in attending the entire meetings of the respondent commission. 

 

 7.  It is found that, during the May 15, 2008, meeting of the respondent commission, no member of the public in the room, including the complainant, and no member of the public in the hallway informed the members of the respondent commission or its staff that they could not observe or hear those portions of the meeting that they wished to observe.

 

8.  With respect to the allegation described in paragraph 3.b, above, it is found that the May 15, 2008 special meeting of the respondent commission was announced with a 6:30 P.M. start time, and that such meeting began at 6:35 P.M. 

 

9.  Based on the facts and circumstances of this case, it is concluded that the respondents did not violate §1-225(a), G. S., as alleged in the complaint. 

 

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 December 10, 2008.

 

 

____________________________

S. Wilson

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:

 

Nancy Dickal  

46 Hemlock Drive

Shelton, CT 06484

 

Richard D. Schultz, Planning

Administrator, City of Shelton;

Anthony Pogoda, Chairman, Planning

and Zoning Commission, City of

Shelton; and Planning and Zoning

Commission, City of Shelton   

c/o Ramon S. Sous, Esq.

Attorney At Law

159 Main Street

Seymour, CT 06483

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-356FD/sw/12/16/2008