FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Trenton Wright,
Complainant
against Docket #FIC 92-351
Walter Pawelkiewicz, Windham First Selectman and Delores Ackley, Hanna Clements, Virginia Darrow, Susan Johnson, Yolanda Negron, Jo-Anne Roberts and Windham Board of Selectmen,
Respondent May 12, 1993
The above-captioned matter was heard as a contested case on March 24, 1993, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By undated letter, filed with the Commission on November 18, 1992, the complainant alleged that the respondents violated the Freedom of Information Act by adding an item concerning the censure of the complainant to the agenda of the respondent board's regular meeting held on October 20, 1992, without first obtaining the affirmative vote of two-thirds of its members.
3. The complainant requested that the Commission declare null and void any subsequent action taken by the respondent board regarding the censure of the complainant.
4. The complainant further requested that the Commission impose civil penalties upon the individual respondents.
5. It is found that the respondent board held a regular meeting on October 20, 1992.
6. It is found that the respondent board added an item concerning the censure of the complainant to the agenda of its October 20, 1992 regular meeting without first obtaining the affirmative vote of two-thirds of its members.
7. It is found that the members of the respondent board
Docket #FIC 92-351 Page 2
present subsequently voted to table the censorship, and that the votes of each member was recorded in the minutes of the October 20, 1992 meeting.
8. It is found that the censure issue was subsequently noticed on the agenda of, and acted upon, at the respondent board's regular meeting held on November 17, 1992.
9. Section 1-21(a), G.S., permits subsequent business not initially included on the agenda of a regular meeting to be considered upon the affirmative vote of two-thirds of the members of a public agency present and voting.
10. It is concluded that the respondents violated the Freedom of Information Act by failing to obtain the required two-thirds vote pursuant to 1-21(a), G.S., prior to the voting to take up the censure issue.
11. It is also concluded, however, that by tabling the censure issue, the respondents took immediate action to minimize the consequence of the violation.
12. It is further concluded that the respondents' actions of subsequently placing on its agenda, and acting on the censure issue at its November 17, 1992 meeting, have not violated any of the complainant's rights under the Freedom of Information Act.
13. The Commission therefore, declines to declare null and void the subsequent action taken by the respondents regarding the censure issue. The Commission also declines to impose civil penalties upon the respondents.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth, the repondents shall strictly comply with the provisions of 1-21(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of May 12, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-351 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 Wright
232 Mansfield Avenue
Willimantic, CT 06226
Walter Pawelkiewicz
First Selectman
979 Main Street
P.O. Box 94
Willimantic, CT 06226
Debra L. Rembowski
Acting Clerk of the Commission