FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Wayne C. Gerlt,  
  Complainant  
  against   Docket # FIC 2004-358

Town Council, Town

of South Windsor,

 
  Respondent  June 8, 2005
       

 

The above-captioned matter was heard as a contested case on February 14, 2005, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, this matter was consolidated with Docket # FIC 2004-364, Wayne C. Gerlt v. Town Council, Town of South Windsor.   

 

            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 dated and filed with the Commission on August 6, 2004, the complainant alleged that the respondent violated the Freedom of Information [hereinafter “FOI”] Act by taking action in a June 7, 2004, executive session.  Specifically, the complainant alleged that the respondent improperly acted to grant permission to Poag & McEwen Lifestyle Centers-Connecticut, LLC [hereinafter “Poag”], “to continue work on town property as previously contemplated, but without the granting of any easement rights at this time for the ultimate use of these improvements.”  The complainant alleged that he first learned of the respondent’s alleged action on July 8, 2004.  The complainant requested that the Commission declare null and void the alleged action described herein. 

 

3.  Section 1-206(b)(1), provides in pertinent part that:

 

Any person…wrongfully denied the right to attend any meeting of a public agency or denied any other right conferred by the [FOI] Act may appeal therefrom to the [FOI] Commission, by filing a notice of appeal with said commission.  A notice of appeal shall be filed within thirty days after such denial, except in the case of an unnoticed or secret meeting, in which case the appeal shall be filed within thirty days after the person filing the appeal receives notice in fact that such meeting was held. 

           

4.  It is found that the respondent held a regular meeting on June 7, 2004, and that during such meeting it conducted an executive session to discuss pending litigation.  It is found that such meeting and executive session were neither secret nor unnoticed, within the meaning of 1-206(b)(1), G.S.

 

5.  It is found that the notice of appeal in this matter was filed more than thirty days after the June 7, 2004, meeting of the respondent.  Accordingly, it is concluded that the Commission lacks jurisdiction 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 June 8, 2005.

 

________________________________

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:

 

Wayne C. Gerlt

Gerlt Law Offices

PO Box 1132

South Windsor, CT 06074

 

Town Council,

Town of South Windsor

c/o Barry Guliano, Esq.

Town Attorney

1540 Sullivan Avenue

South Windsor, CT 06074

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2004-358FD/paj/6/9/2005