FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Joan Coe,
Complainants
against Docket #FIC 1998-073
Building and Grounds Subcommittee,
Simsbury Board of Education, Town of
Simsbury,
Respondents August 12, 1998
	The above-captioned matter was heard as a contested case on April 21, 1998 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(1), G.S.
	2.  By letter of complaint dated March 16, 1998 and filed with the Commission on 
March 17, 1998, the complainant alleged that the respondent violated the Freedom of 
Information Act by:
a)  failing to provide notice to the public that all board of 
education members, all but one, board of finance members, 
the superintendent of schools (“superintendent”) and other 
town of Simsbury public officers and employees would be 
present at the respondent’s special meeting of March 5, 
1998; and
b)  failing to adequately indicate in the notice of the March 
5, 1998 special meeting the business to be considered.
	3.  The complainant requested that the Commission impose a civil penalty upon 
the members of the respondent and the superintendent.
	4.  It is found that the respondent held a special meeting on March 5, 1998 for 
which a meeting notice was duly filed with the town clerk’s office on March 2, 1998 
(hereinafter “special meeting”).
	5.  It is found that among those in attendance at the special meeting were all the 
members of the board of education, a quorum of the board of finance, the superintendent 
of schools, other public officers and town employees.
	6.  The complainant contends that the special meeting was not a meeting of the 
respondent but a meeting of the boards of education and finance, because a quorum of 
those boards were present at the special meeting.  The complainant further contends that 
the notice of the special meeting provides no indication to the public that the boards of 
education and finance, and the superintendent would be present at the special meeting.
	7.  Section 1-18a(2), G.S., in relevant part, provides that:
A quorum of the members of a public agency who are 
present at any event which has been noticed and conducted 
as a meeting of another public agency under the provisions 
of the Freedom of Information Act shall not be deemed to 
be holding a meeting of the public agency of which they are 
members as a result of their presence at such event.
	8.  It is found that the special meeting was noticed and conducted as a meeting of 
the respondent within the meaning of 1-18a(2), G.S.
	9.  It is also found that the boards of education and finance were not holding 
meetings as a result of the presence of a quorum of such agency members, at the special 
meeting.
	10.  With respect to the complainant’s allegation described in paragraph 2b) of the 
findings above, 1-21(a), G.S., provides, in relevant part:
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.
	11.  It is found that the notice of the special meeting is in accordance with the 
requirements of 1-21(a), G.S., and the business considered at the special meeting was 
that specified in the notice.
	13.  It is therefore, concluded that the respondent did not violate 1-21(a), G.S.
	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 August 12, 1998.


_________________________
Doris V. Luetjen
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:
Joan Coe
26 Whitcomb Drive
Simsbury, CT 06070
Building and Grounds Subcommittee, Simsbury Board of Education, Town of Simsbury
c/o Atty. Thomas Sullivan
Sullivan, Schuen, Campane & Connon
646 Prospect Avenue
Hartford, CT 06105

__________________________
Doris V. Luetjen
Acting Clerk of the Commission




FIC1998-073/FD/tcg/08181998