FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Gregory M. Conte,
Complainant
against Docket #FIC 91-17
Monroe Board of Education,
Respondent July 10, 1991
The above-captioned matter was heard as a contested case on April 25, 1991, at which time the complainant appeared, presented testimony, exhibits and argument on the complaint, but the respondent failed to appear. The Commission contacted the respondent prior to convening the hearing in this matter and learned that it did not intend to appear.
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 dated January 24, 1991 and filed January 28, 1991, the complainant appealed to the Commission alleging that at the respondent's special meeting on January 9, 1991, the respondent:
a. improperly entertained a second motion
and voted in favor of its budget, following
its first motion which resulted in a tie
vote;
b. failed to publish an agenda for its January
9, 1991 special meeting; and
c. improperly conducted other business which
was not listed on the notice for its January
9, 1991 special meeting.
FIC #91-17 Page 2
3. With respect to the allegation described in paragraph 2.a, above, it is concluded that the complainant has failed to allege a violation of the Freedom of Information Act.
4 It is found that on January 9, 1991 the respondent held a special meeting for the purpose of budget review, as stated on the notice for said meeting which was filed with the Monroe town clerk.
5. It is found that the respondent voted on three separate items during its January 9, 1991 special meeting: the Board of Education 1991-1992 Budget, the J-Budget - Contra Accounts for 1991-1992 and the School System Cafeteria Budget for 1991-1992.
6. It is further found that the respondent reconsidered its vote on the Board of Education 1991-1992 Budget during its regular meeting on February 4, 1991, and again voted to approve it.
7. It is also found however, that the respondent did not reconsider its vote on either of the other two items described in paragraph 5, above, during its February 4, 1991 regular meeting.
8. Section 1-21, G.S., requires an agency to post notice of a special meeting at least 24 hours in advance of the time of such meeting, but does not require an agency to file an agenda for its special meetings.
9. However, 1-21, G.S., mandates that the notice of any special meeting shall specify the time and place of the special meeting and the business to be transacted and that no other business shall be considered at such meeting.
10. It is concluded therefore, with respect to the allegation in paragraph 2.b, above, the respondent did not violate 1-21, G.S., by failing to provide an agenda for its special meeting.
11. It is further concluded however, with respect to the allegation in paragraph 2.c, above, the respondent violated 1-21, G.S., by failing to adequately state on its notice for the special meeting that votes would be taken on the three budget items described in paragraph 5, above.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
Docket #FIC 91-17 Page 3
1. The respondent shall henceforth comply with the requirements of 1-21, G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 10, 1991.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 91-17 Page 4
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:
Gregory M. Conte
136 Wheeler Road
Monroe, CT 06468
Monroe Board of Education,
c/o Monroe Public Schools
375 Monroe Turnpike
Monroe, CT 06468
Debra L. Rembowski
Acting Clerk of the Commission