FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Peter J. Reenstra,
Complainant,
against Docket
#FIC 88‑332
Town of Lebanon School
Building Committee,
Respondent December
14, 1988
The above‑captioned matter was heard as a contested
case on October 3, 1988, at which time the complainant and the respondent
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 respondent
is a public agency within the meaning of §1‑18a(a), G.S.
2. At the
respondent's August 4, 1988 special meeting, it took up its agenda item #7,
which was listed as "Discuss option of a 2 school system."
3. By letter
dated August 16, 1988, and filed with the Commission on August 17, 1988, the
complainant appealed to the Commission, alleging the respondent took up items
not listed on its agenda.
4. The respondent
claims that its discussion and actions were properly noticed, and that the
issue is moot since it rescinded its actions at its special meeting of
September 9, 1988.
5. It is found
that the heading of the respondent's agenda states when and where it will meet
"to act on the Following [sic] items [.]"
6. It is found
that when the respondent took up item #7 on its agenda, its members made and
voted on the following motions:
a. "that the SBC look further into a two
school system,"
b. "that the SBC agree to enter into a
contract with Moser, Pilon Nelson for $5,000 for their work on plans for
Docket #FIC 88‑332 Page
Two
a
2 school system pending approval of additional funds by the Board of
Finance,"
c. and "to ask the Board of Finance for an
additional $4,999."
7. It is found
that the description in agenda item #7 did not apprise the public of the
actions described in paragraphs 6b and c, above.
8. It is
concluded, therefore, that the respondent violated §1‑21(a), G.S., by
transacting business at a special meeting that was not listed on the agenda.
9. It is further
found that the respondent's practice of using the words "to act" in
the heading of the agenda, then using the words "discuss" or
"discussion of" in the line items, has created some confusion for
members of the public.
10. It is found
that the respondent rescinded its actions described in paragraphs 6b and c,
above, at its September 9, 1988 meeting because the respondent had by that time
decided not to pursue the two school system option and did not need a new
contract or additional funds.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above‑captioned
complaint:
1. The respondent
henceforth shall act in strict compliance with the requirements of §1‑21(a),
G.S., and clearly list all business to be transacted on its special meeting
agenda.
2. The respondent
shall cause a copy of this final decision to be read aloud at its first meeting
after receipt of the notice of final decision in this case.
Approved by order of the Freedom of Information
Commission at its special meeting of December 14, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission