FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Wesley S. Lubee, Jr.,  
  Complainant  
  against   Docket #FIC 2003-415

Board of Commissioners, Housing

Authority, Town of Wallingford,

 
  Respondent  October 13, 2004
       

 

The above-captioned matter was heard as a contested case on May 27, 2004, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.   For purposes of hearing, this matter was consolidated with Docket# FIC 2003-381; Wesley S. Lubee Jr.  v. Board of Commissioners, Housing Authority, Town of Wallingford; Docket# FIC 2003-393; Wesley S. Lubee, Jr. v. Board of Commissioners, Housing Authority, Town of Wallingford; Docket# FIC 2003-409; Wesley S. Lubee, Jr. v. Board of Commissioners, Housing Authority, Town of Wallingford; and Docket# FIC 2003-413; Wesley S. Lubee, Jr. v. Board of Commissioners, Housing Authority, Town of Wallingford.

 

            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 1-200(1), G.S.

 

            2.  By letter of complaint dated November 17, 2003 and filed on November 21, 2003, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information [hereinafter “FOI”] Act by including on its agenda for a November 18, 2003 meeting an executive session to address “tenant policy and investments.” 

 

3.  However, at the hearing in this matter, the complainant contended that the complaint herein alleged that the respondent first announced an October 23, 2003 special meeting less than twenty fours hours before the start of such meeting; the complainant did not address the propriety of the agenda for the November 18, 2003 executive session. 

 

4.   It is concluded that the issue addressed by the complainant at the hearing in this matter was not fairly raised in the complaint.    Accordingly, since there is no evidence in the record regarding the allegation set forth in the complaint, the Commission cannot conclude that any violation of the FOI Act occurred in this matter.  

 

 

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 October 13, 2004.

 

________________________________

Petrea A. Jones

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:

 

                    Wesley S. Lubee, Jr.

15 Montowese Trail

Wallingford, CT 06492

 

Board of Commissioners,

Housing Authority,

Town of Wallingford

c/o E. James Loughlin, Esq.

Loughlin Fitzgerald

150 South Main Street

Wallingford, CT 06492

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

FIC/2003-415FD/paj/10/14/2004