FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Stephen Iacuone and

Anthony DeFala,

 
  Complainants  
  against   Docket #FIC 2008-442

Police Commission,

City of Derby,

 
  Respondent June 10, 2009
       

 

The above-captioned matter was heard as a contested case on September 23, 2008, at which time the complainants appeared and presented testimony and argument on the complaint.  The respondent did not contest the complaint, and therefore chose not to appear.

 

            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 filed July 2, 2008, the complainants appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act at its June 4, 2008 special meeting by considering a matter not listed on its notice of the meeting and transacting business not listed on its agenda by taking action to hire two individuals.

 

3.  Section 1-225(d), G.S., provides in relevant part: “The notice [of a special meeting] 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.”

 

4.  It is found that the respondent took up the business of discussing hiring two individuals without putting that matter on its notice of the June 14 meeting.

 

5.  It is concluded that the respondent violated 1-225(d), G.S., at its June 4, 2008 special meeting.

 

6.  It is also found that the respondent subsequently put the matter on the notice of its September 12, 2008 meeting, and re-did the June 4 discussion and vote to hire.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.  Henceforth the respondent shall strictly comply with the requirements of 1-225(d), G.S.

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 10, 2009.

 

____________________________

S. Wilson

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:

 

Stephen Iacuone and

Anthony DeFala

C/o Barbara L. DeGennaro, Esq.

P.O. Box 834

Derby, CT 06418

 

Police Commission,

City of Derby

C/o Joseph T. Coppola, Esq.

Office of the Corporation Counsel

City Hall

1 Elizabeth Street

Derby, CT 06418

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-442FD/sw/6/16/2009