FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Wilson Scott and Clara Scott,

 

                        Complainants

 

            against              Docket #FIC 93-331

 

Robert Jones, Edwin T. McDonough, Jr., Linda Goff,

George Petetin and East Lyme Zoning Board of Appeals,

 

                        Respondents                 March 23, 1994

 

            The above-captioned matter was heard as a contested case on February 14, 1994, at which time the complainants and the respondents appeared 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 letter of complaint filed with this Commission on December 7, 1993, the complainants alleged that the respondents violated the provisions of the FOI Act by conducting an improper special meeting (or unnoticed meetings) on November 8, 1993.  The complainants requested among other things that this Commission declare the respondents' meeting of November 8, 1993 null and void, and that the respondents be fined.

 

            3.  It is found that the respondents convened a special meeting on November 8, 1993 to consider the complainants' appeal to the respondent board of appeals from a decision of the zoning enforcement officer (hereinafter "ZEO").

 

            4.  It is found that the meeting identified in paragraph 3, above, scheduled to begin at 7:30 p.m., was posted in the office of the town clerk at least 24 hours in advance.

 

            5.  It is also found that Mr. McDonough, Ms. Goff and Mr. Jones all appeared in the selectman's office just prior to 7:30 p.m. to find out in which room their special meeting was to be held.

 

            6.  It is concluded that the respondents did not hold an unnoticed meeting prior to 7:30 p.m. on November 8, 1993.

 

Docket #FIC 93-331                           Page 2

 

            7.  It is found that at the special meeting of November 8, Mr. Petetin arrived several minutes late and requested a group discussion concerning the complainants' appeal as identified in paragraph 3, above.

 

            8.  It is found that at that time, the respondents engaged in a discussion lasting several minutes, and although not explicitly alleged in the complaint, it is also found that the discussion was inaudible to the audience and therefore not open to the public within the meaning of 1-21(a), G.S.

 

            9.  It is also found that immediately after their inaudible discussion, the respondents voted unanimously to uphold the ZEO's order against the complainants.

 

            10.  It is noted that at the hearing into this matter, Mr. McDonough testified that he had no recollection whatsoever of the substance of the inaudible discussion identified in paragraph 8, above, which testimony this Commission does not find credible.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

            1.  Henceforth the respondents 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 March 23, 1994.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 93-331                           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:

Wilson Scott and Clara Scott

c/o Jean Stawicki, Esq.

100 Amston Road

Colchester, CT 06415

 

Robert Jones, Edwin T. McDonough, Jr., Linda Goff,

George Petetin and East Lyme Zoning Board of Appeals

c/o Valerie Ann Votto, Esq.

Waller, Smith & Palmer

52 Eugene O'Neill Drive

New London, CT 06320

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission