FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Clyde A. Selner,
Complainant
against Docket #FIC 93-62
Berlin Inland Wetlands and Watercourses Commission,
Respondent September 8, 1993
The above-captioned matter was heard as a contested case on June 28, 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 of complaint filed with this Commission on March 9, 1993, the complainant alleged that the respondent violated the provisions of 1-21c, G.S., by failing to provide the agenda for its March 2, 1993 meeting in a timely manner and that it violated the provisions of 1-21, G.S., by improperly taking action on an item of business it voted to add to its agenda for its meeting of March 2, 1993.
3. It is found that on Tuesday March 2, 1993, the respondent conducted a regular meeting.
4. It is also found that the respondent provided to the complainant a copy of its March 2, 1993 agenda on the previous Friday, February 26, 1993.
5. It is concluded that under the facts of this case, the respondent is not in violation of 1-21c, G.S.
6. It is found that at its March 2, 1993 regular meeting, the respondent voted to add to its agenda the topic of the transfer of a particular permit, which vote passed by a margin of at least 2/3.
7. The complainant claims that the respondent's subsequent March 2 vote to transfer the permit identified in paragraph 6, above, violates 1-21(a), G.S., and the spirit of the Freedom of Information Act.
Docket #FIC 93-62 Page 2
8. It is concluded that the respondent's vote to consider business not included in its regular meeting agenda, as well as its consequent consideration and action upon that matter, are not violative of 1-21(a), G.S.
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 September 8, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 93-62 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:
Clyde A. Selner
32 Edgerly Street
Kensington, CT 06037
Berlin Inland Wetlands and Watercourses Commission
c/o Atty. E. Timothy Sullivan, Jr.
One Liberty Square
New Britain, CT 06051
Debra L. Rembowski
Acting Clerk of the Commission