In the Matter of a Complaint by FINAL DECISION


Kyle M. Meccariello,




against Docket #FIC 86-12


Southington Park and Recreation Board and the Town of Southington,


Respondents March 12, 1986


The above-captioned matter was heard as a contested case on February 20, 1986 at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.


After consideration of the entire record, the following facts are found:


1. The respondent board is a public agency within the meaning of 1-18a(a), G.S.


2. By letter of complaint filed with the Commission on January 16, 1986 the complainant alleged that the respondent held a meeting on January 10, 1986 for which it failed to provide notice to the public, as required by 1-21(a), G.S.


3. Following a discussion between the parties at hearing, the respondent conceded that it had failed to provide public notice of a January 10, 1986 meeting, in violation of 1-21(a), G.S.


4. The respondent said that the failure was unintentional and that since the filing of the complaint the Town of Southington has made efforts to educate its agencies regarding their obligations under the Freedom of Information Act.


5. The respondent further said that no action was taken at the January 10, 1986 meeting.


Docket #FIC 86-12 Page Two


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


1. Henceforth the respondent shall act in strict compliance with the requirements of 1-21(a), G.S. regarding the public's right to notice of meetings of public agencies.


2. The Commission cautions the respondent that ignorance of the requirements of the Freedom of Information Act not only does a disservice to the public but may, in the future, subject the respondent to the imposition of civil penalties. The Commission suggests that the respondent avail itself of the services of the Commission's staff as necessary to understand and incorporate the Act's requirements into its procedures.


Approved by order of the Freedom of Information Commission at its regular meeting of March 12, 1986.


Karen J. Haggett

Clerk of the Commission