FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Kevin T. Mullane and Beechwood Gardens Tenant's
Association,
Complainants
against Docket
#FIC 87-263
John Papandrea, Commissioner of the State of Connecticut Department of
Housing and State of Connecticut Department of Housing,
Respondents January
27, 1988
The above-captioned
matter was heard as a contested case on November 17, 1987, at which time the
complainants and the respondents 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:
1. The respondents are public agencies within
the meaning of §1-18a(a), G.S.
2. By letter of complaint received and filed
with the Commission on September 4, 1987, the complainants alleged that the
respondents held a secret or unnoticed meeting, failed to file an agenda for
the secret or unnoticed meeting and failed to keep minutes of the meeting, in
violation of the Freedom of Information Act.
3. At the hearing, the complainant stated that
the secret or unnoticed meeting took place on March 4, 1985.
4. It is found that on March 4, 1985 a loan
closing took place between the respondents and representatives of Beechwood
Gardens Limited Partnership concerning the development of 82 units of moderate
rental housing at Beechwood Gardens.
Docket #FIC 87-263 Page 2
5. At the closing, individuals representing
Beechwood Gardens Limited Partnership and the respondent commissioner signed a
regulatory agreement, a mortgage deed for $3,578,000 and a management
agreement.
6. The complainants argue that the March 4,
1987 loan closing constituted a "secret meeting" of the respondents
because a public hearing on both the development of the 82 units of moderate
rental housing and the suitability of the proposed site was not held, as
required by §8-74, G.S.
7. It is found that the Commission lacks
jurisdiction with respect to §8-74, G.S.
8. It is concluded that the loan closing
referred to at paragraphs 4 and 5, above, did not constitute a meeting of the
respondents within the meaning of §1-18a(a), G.S., and that the failure to
provide notice of such gathering did not violate any provision of the Freedom
of Information Act.
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.
2. It is regrettable that the respondents made
no effort to elicit the opinions of area residents of Beechwood Gardens
concerning the suitability of the proposed moderate income housing project, nor
did they elicit the opinions of the residents concerning the changes that were
made to the final proposal submitted by the Circle Company of Connecticut. In the future, the respondents should be
more sensitive and responsive to the concerns and opinions of persons residing
in areas targeted for their moderate rental housing program.
Approved by order of
the Freedom of Information Commission at its regular meeting of January 27,
1988.
Catherine
H. Lynch
Acting
Clerk of the Commission