FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Floyd W. Harris,
Complainant
against Docket #FIC 93-46
East Lyme Board of Education,
Respondent August 25, 1993
The above-captioned matter was heard as a contested case on June 17, 1993, 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 dated and filed with the Commission on February 22, 1993, the complainant alleged that the respondent violated the Freedom of Information Act by convening secret meetings on or about December 11, 12 and 13, 1992.
3. It is found that several unnoticed telephone conversations occured among members of the respondent during the period December 11 through 13, 1993, inclusive.
4. Section 1-21i(b), G.S., provides in pertinent part that in the case of an unnoticed or secret meeting, the appeal shall be filed within thirty days after the person filing the appeal receives notice in fact that such meeting was held.
5. It is found that the complainant received notice in fact on or about January 6, 1993 that the conversations described in paragraph 3, above, occurred, when he was so informed by a member of the respondent.
6. It is found that the complainant failed to file his appeal with the Commission within the 30 day period required by 1-21i(b), G. S.
7. It is therefore concluded that the Commission lacks jurisdiction over the complaint.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned
Docket #FIC 93-46 Page 2
complaint:
1. The complaint is hereby dismissed.
2. The Commission wishes to remind the respondent that the definition of meeting includes any communication among a quorum of public agency members, whether in person or by electronic equipment. The Commission also reminds the respondent that the definition of caucus is the convening or assembly of members of a single political party who are also members of the same public agency.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 25, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 93-46 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:
Floyd W. Harris
72 Riverview Road
Niantic, CT 06357
East Lyme Board of Education
c/o Mary Broderick, Chairman, East Lyme Board of Education
P. O. Box 176
East Lyme, CT 06333
Debra L. Rembowski
Acting Clerk of the Commission