FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Michael A. Feher

 

Complainant

 

against Docket #FIC 89-96

 

Town of Monroe, Emergency Medical Services Commission,

 

Respondent October 11, 1989

 

The above-captioned matter was heard as a contested case on August 15, 1989, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

 

2. By letter of complaint dated March 15, 1989, and filed with this Commission on March 16, 1989, the complainant alleged

that as of March 15, 1989 the respondent commission had failed to file a schedule of its meetings with the municipal clerk.

 

3. On January 18, 1989, members of the respondent commission met and after informal discussion of agency business adjourned because a quorum was not present.

 

4. It is found that the informal gathering on January 18, 1989 constituted a proceeding of the respondent commission and therefore a meeting of that public agency within the meaning of

1-18(b), G.S.

 

5. A quorum of the respondent commission met again on February 15 and March 15, 1989 to conduct agency business.

 

6. No schedule of regular meetings or notice of special meeting had been filed with the municipal clerk prior to the January 18 or February 15, 1989 meetings as required by 1-21(a), G.S.

 

7. On March 14, 1989 the chairman of the respondent commission placed a copy of what purported to be a schedule of

meetings in the municipal clerk's mailbox located in the council

meeting room. However, the schedule of meetings was not stamped as received by the municipal clerk until March 21, 1989.

 

Docket #FIC 89-96 Page 2

 

8. The March 14, 1989 schedule did not specify the location where such meetings were to be held, and the respondent commission has no ordinance, resolution, or other rule which designates the place for its regular meetings when a schedule fails to state the place as set forth in 1-21f, G.S.

 

9. It is found that the March 14, 1989 schedule of meetings did not satisfy the schedule of regular meetings or the notice of special meeting requirements under 1-21(a), G.S., with respect to the March 15, 1989 meeting.

 

10. It is concluded, therefore, that with respect to the respondent commission meetings on January 18 and February 15, 1989, the respondent commission violated 1-21(a), G.S., when it failed to file in a timely fashion a schedule of regular meetings or notice of special meeting prior to its January 18 and February 15, 1989 meetings.

 

11. It is further concluded that even if the schedule of meetings filed on March 14, 1989 had been complete and properly filed, the respondent commission nevertheless violated 1-21(a), G.S., by holding its March 15, 1989 meeting sooner than thirty days after the schedule had been filed.

 

The following order by the Commission is hereby recommended

on the basis of the record concerning the above captioned complaint:

 

1. The respondent commission shall forthwith comply with the

special meeting requirements of 1-21(a), G.S., for all of its future special meetings. The respondent commission shall not hold a regular meeting until at least thirty days after properly filing a corrected schedule of regular meetings.

 

2. The respondent commission henceforth shall act in strict

compliance with 1-21(a) and 1-21f, G.S.

 

3. Within sixty days of the mailing of the notice of final decision in this matter, the respondent commission shall contact this Commission's staff to schedule an educational workshop to be given by a Commission staff attorney and attended by members of the respondent commission. The respondent commission shall give timely notice of such workshop to all agencies, boards, and commissions of the Town of Monroe.

 

Docket #FIC 89-96 Page 3

 

PURSUANT TO 4-180(c) C.G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

MICHAEL A. FEHER

28 Harvester Road

Monroe, CT 06468

 

TOWN OF MONROE, EMERGENCY MEDICAL SERVICES COMMISSION

c/o Pullman, Comley, Bradley & Reeves

850 Main Street

P.O. Box 7006

Bridgeport, CT 06601

 

Approved by order of the Freedom of Information Commission at its regular meeting of October 11, 1989.

 

 

Tina C. Frappier

Acting Clerk of the Commission