FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Phylis Bernard,
Complainants
against Docket #FIC 1998-169
Michael Sconyers, Chairman,
Board of Finance, Town of Norfolk;
Mark Burke; Keith Harville; David
Gourley and Colin Tait as members
of the Board of Finance, Town of Norfolk,
Respondents December 9, 1998
	The above-captioned matter was heard as a contested case on August 21, 1998, at 
which time the complainant and the respondent appeared, stipulated to certain documents 
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 1-18a(1), G.S.
	2.  By letter received and filed on June 8, 1998, the complainant appealed to this 
Commission alleging that on May 11, 1998, the respondents held a board of finance 
meeting that was not open to the public.
 
	3.  Section 1-21(a), G.S., provides in relevant part that “[t]he meetings of all 
public agencies . . . shall be open to the public.”
 
	4.  It is found that the respondent chairman posted notice of the meeting of the 
board of finance which was to be held immediately following the town meeting with 
setting the mill rate as the only item on the agenda.
 
	5.  It is found that the meeting took place in the same room as the town meeting, 
and was called to order within minutes of the town meeting’s adjournment. 
 
	6.  It is found that the board members had a brief discussion concerning a liaison 
between the board of finance and the board of education and then took a vote on the mill 
rate which was a figure predetermined by the action taken at the preceding town meeting.
 
	7.  It is found that the entire meeting took no more than ten minutes.
 
	8.  It is found that several attendants of the town meeting remained in the room 
while the respondents held the board of finance meeting and the complainant was one of 
them.
 
	9.  It is found that while the meeting was taking place, the complainant was 
engaged in a conversation with another person who had remained in the room. 
  
	10.  It is found that by the time the complainant concluded her conversation, the 
meeting of the board of finance had taken place and had been adjourned.  
 
	11.  It is further found that the respondents properly noticed the board of finance 
meeting, and that the meeting was open to the public.
 
	12.  It is therefore concluded that the respondents did not violate 1-21(a), G.S., 
when they held a meeting of the board of finance on May 11, 1998.
	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 9, 1998.

_________________________
Melanie R. Balfour
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:
Phylis Bernard 
15 Aetna Lane
PO Box 233
Norfolk, CT 06058
Michael Sconyers, 
Chairman, Board of Finance, 
Town of Norfolk; Mark Burke; 
Keith Harville; David Gourley 
and Colin Tait as members 
of the Board of Finance, 
Town of Norfolk
c/o Atty. Jeffrey J. Mirman 
Levy & Droney
PO Box 887
Farmington, CT 06034-0887


__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1998-169FD/mrb12141998