FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
C.J. Garrett,
Complainant
against Docket #FIC 89-182
Board of Directors, Gales Ferry Fire District,
Respondent December 13, 1989
The above-captioned matter was heard as a contested case on October 12, 1989, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing with contested case docket #FIC 89-183.
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 1-18a(a), G.S.
2. By letter of complaint filed with this Commission on May 30, 1989, the complainant alleged that the respondents violated the Freedom of Information ("FOI") Act by failing to provide an agenda prior to its May 9, 1989 annual meeting, by conducting an "illegal meeting" prior to the annual meeting on May 9, 1989, by failing to reference the earlier meeting in the minutes of the annual meeting, and by failing to attach copies of a proposed budget and a list of delinquent taxes to its minutes of the May 9, 1989 annual meeting at which those items were voted upon.
3. The Commission takes administrative notice of its final decision in contested case docket #FIC 88-443 and, in light of its order in that case requiring an educational workshop, declines to reexamine the issues addressed therein.
4. It is found that on May 9, 1989 the respondent conducted a "board of directors" meeting at 7 p.m. and an "annual meeting" at 8 p.m.
5. It is found that a schedule setting forth the actual time, date and place of the annual meeting or board of directors meeting was not filed with the local town clerk's office by January 31, 1989.
Docket #FIC 89-182 Page 2
6. It is concluded, therefore, that the May 9, 1989 meetings of the respondent constituted special meetings and that the FOI Act imposes no requirement for separate agendas additional to the required contents for its notices of special meetings.
7. It is concluded that the respondent did not violate the FOI Act either in its failure to reference its board of directors meeting in the minutes of its annual meeting or by failing to include copies of documents voted upon at its meetings with its minutes.
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. The Commission emphasizes that an FOI Act workshop will be conducted for the benefit of the respondent in accordance with the Commission's final decision in its contested case docket #FIC 88-443, which workshop shall also be open to the public.
Approved by order of the Freedom of Information Commission at its regular meeting of December 13, 1989.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 89-182 Page 3
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:
C.J. GARRETT
45 Harvard Terrace
Gales Ferry, CT 06335
BOARD OF DIRECTORS, GALES FERRY FIRE DISTRICT
P.O. Box 181
Gales Ferry, CT 06335
Tina C. Frappier
Acting Clerk of the Commission