FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Paul Gough,
Complainant
against Docket
#FIC 87-308
Chairman, Town of
Wallingford Public Utilities Commission, Water Pollution Control Authority and
Town of Wallingford Public Utilities Commission, Water Pollution Control
Authority,
Respondents February
10, 1988
The above-captioned matter was heard as a contested case
on December 1, 1987, at which time the complainant 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. At a
meeting held September 4, 1987 the respondent public utilities commission
("PUC") voted to schedule a public hearing for September 29, 1987 on
the matter of acquiring, by eminent domain, certain property interests of
Dwayne and Michelene Braithwaite and the complainant.
3. Due to a
failure of the local newspaper to publish notice of the September 29, 1987
meeting as requested, a decision was made to reschedule the meeting so that
notice could be provided 10 days in advance, in accordance with requirements of
the Wallingford town charter.
4. On or
about September 22, 1987 counsel for the respondent PUC prepared a notice of an
October 6, 1987 meeting of the PUC for the purpose of discussion and action on
the possible condemnation of the Braithwaite property only.
Docket #FIC 87-308 Page
Two
5. Members
of the respondent PUC met on September 23, 1987 and voted to accept the notice
of meeting referred to at paragraph 4, above, thereby scheduling an October 6,
1987 meeting on the Braithwaite property only.
6. On
October 6, 1987 the respondent held a public hearing on the matter of acquiring
the Braithwaites' property interests.
Property interests of the complainant were not discussed.
7. By letter
of complaint filed with the Commission on October 22, 1987 the complainant
alleged that notice of the September 23, 1987 meeting of the respondent PUC did
not state that the respondent PUC would decide to condemn one property instead
of two and that such omission violated the Freedom of Information Act. The complainant further alleged that at the
October 6, 1987 meeting, held as a public hearing, discussions were improperly
allowed to stray beyond the announced purpose of the meeting.
8. It is
found that prior to September 22, 1987 counsel to the respondent PUC advised
the respondent chairman that it would not be necessary to condemn both the
Braithwaite and the Gough properties, and prepared the notice of meeting
referred to at paragraph 4, above.
9. It is
further found that the September 23, 1987 gathering of the respondent PUC
constituted communication limited to notice of a meeting of the respondent PUC
or the agenda thereof and was not a meeting within the meaning of §1-18a(b),
G.S.
10. It is
concluded that the respondent PUC was not required to conform the conduct of
the September 23, 1987 gathering to the requirements of the Freedom of
Information Act and that the conduct of such gathering, therefore, did not
violate any provision of the Act.
11. The
complainant did not allege any violation of the Freedom of Information Act with
respect to the notice of the October 6, 1987 meeting.
12. It is
found that comments from the public at the October 6, 1987 meeting of the
respondent PUC ranged beyond the announced purpose of such meeting.
13. It is
found, however, that allowing public comments on matters other than the
proposed condemnation of the Braithwaite property did not constitute
consideration of or action upon
Docket #FIC 87-308 Page
Three
business not included in the
notice of meeting within the meaning of §1-21(a), G.S. and did not violate any
provision of such statute.
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 February 10, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission