FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Trenton E. Wright, Jr.,
Complainant
against Docket #FIC 90-266
First Selectman, Town of Windham and Windham Zoning Commission,
Respondents November 14, 1990
The above-captioned matter was heard as a contested case on August 30, 1990, at which time the complainant and the respondent first selectman appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing with contested case Docket #'s FIC 90-185, FIC 90-287 and FIC 90-288.
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. It is found that the respondent first selectman is an ex officio member of the respondent zoning commission.
3. By letter filed with this Commission on July 16, 1990, the complainant alleged that the respondents conducted an improper meeting on July 3, 1990. The complainant also alleged that an adequate agenda was not made available for public inspection pursuant to 1-21, G.S., and that minutes were not made available for public inspection pursuant to 1-21, G.S.
4. At the hearing into this matter, the complainant requested the imposition of civil penalties against the respondents.
5. It is found that on July 13 at 4:20 p.m., the complainant sought the minutes in question at the town clerk's office, which minutes were not forthcoming at that time.
6. It is found that the minutes were actually recorded by the first selectman, and as of July 13, these minutes were left on the first selectman's desk.
7. It is found that the respondents filed the minutes of the July 3 meeting with the town clerk on July 16.
Docket #FIC 90-266 Page 2
8. It is concluded that the respondents violated 1-21(a), G.S. by failing to make minutes available for public inspection within seven days of their July 3 meeting.
9. It is found that the July 3 meeting of the respondents constituted a special meeting.
10. It is concluded, therefore, that failure to make an agenda for the July 3 meeting available to the public does not constitute a violation of the Freedom of Information Act.
11. It is found, however, that the notice of the special meeting of July 3 indicated only that an "informal discussion" would take place, without further notice of the business to be conducted.
12. The respondent first selectman claims that because the respondents did not know where the topic of discussion would lead, they set no criteria for the meeting and drafted the notice broadly.
13. It is concluded that the respondents' failure to specify the business to be discussed in the notice of special meeting constitutes a violation of 1-21(a), G.S.
14. The Commission also points out to the respondent the provisions of 1-21(a), G.S. providing that any business not specified in the notice of special meeting may not be considered at such meeting.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. Within thirty days of the issuance of the final decision in this case, the respondents shall contact the Commission staff to schedule an educational workshop to be conducted by a Commission staff attorney.
2. Upon scheduling of a workshop date, the respondent first selectman shall issue written invitations for attendance at the workshop to the other commissions and boards within his municipality.
3. The Commission in its discretion declines to impose civil penalties in this case.
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 90-266 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:
TRENTON E. WRIGHT, JR.
232 Mansfield Avenue
Willimantic, CT 06226
FIRST SELECTMAN, TOWN OF WINDHAM
979 Main Street
P.O. Box 94
Willimantic, CT 06226
WINDHAM ZONING COMMISSION
979 Main Street
P.O. Box 94
Willimantic, CT 06226
Tina C. Frappier
Acting Clerk of the Commission