FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Jerry A. Walden,

 

                        Complainant

 

            against              Docket #FIC 90-228

 

Chester Board of Selectmen and Chester Board of Finance,

 

                        Respondents                 November 14, 1990

 

            The above-captioned matter was heard as a contested case on October 4, 1990, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  The respondents are public agencies within the meaning of 1-18a(a), G.S.

 

            2.  By letter of complaint filed with this Commission on June 18, 1990, the complainant alleged that a town meeting held on May 24, 1990 had been improperly moderated and conducted, and that, among other things, town officials failed to publish the proposed budget pursuant to 7-344, G.S. and voters were able to vote more than once.

 

            3.  It is found that 7-344, G.S. does not fall under the enforcement powers of this Commission.

 

            4.  It is found that the conduct of town meetings are governed by the provisions of Chapter 90, G.S.

 

            5.  It is further found that a town meeting is not a public meeting of a public agency for purposes of 1-21, G.S.

 

            6.  It is therefore concluded that the Commission lacks jurisdiction over the complaint filed in this matter.

 

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

 

Docket #FIC 90-228                           Page 2

 

            1.  The complaint is hereby dismissed for lack of jurisdiction.

 

Approved by order of the Freedom of Information Commission at its regular meeting of November 14, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-228                           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:

JERRY A. WALDEN

231 West Main Street

Chester, CT 06412

 

CHESTER BOARD OF SELECTMEN AND CHESTER BOARD OF FINANCE

c/o William Howard, Esq.

Howard & McMillan

386 Main Street

Middletown, CT 06457

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission