FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Eileen M. Daily,

 

                        Complainant

 

            against              Docket #FIC 90-175

 

Westbrook Board of Selectmen,

 

                        Respondent                  November 28, 1990

 

            The above-captioned matter was heard as a contested case on August 28, 1990, 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 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 May 15, 1990, the complainant alleged that notice of a special meeting of the respondent called for Friday, May 11, 1990, was not delivered to her within the statutory time-frame.

 

            3.         It is found that the complainant is a member of the Westbrook Board of Selectmen.

 

            4.         At hearing the respondent claimed that notice had been properly delivered to the complainant.

 

            5.         It is found that notice of the May 11, 1990 meeting was delivered to the complainant on May 10, 1990 at 9:30 p.m.

 

            6.         It is found that 1-21 G.S., does not specify a time-frame for the delivery of notice of a meeting to members of the public agency that is holding the meeting; all that is required is that notice of the special meeting be delivered prior to the meeting in question.

 

            7.         It is concluded that the respondent did not violate the notice requirements of 1-21, G.S.

 

Docket #FIC 90-175                           Page Two

 

            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 November 28, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-175                           Page Three

 

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:

EILEEN M. DAILY

Town of Westbrook

P.O. Box G

1163 Boston Post Road

Westbrook, CT 06498

 

WESTBROOK BOARD OF SELECTMEN

P.O. Box G

1163 Boston Post Road

Westbrook, CT 06498

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission