FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Eugene Sammartino,

Complainant

against Docket #FIC 94-274

Andover Board of Selectmen,

Respondent April 26, 1995

The above-captioned matter was heard as a contested case on February 22, 1995, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

2. By letter of complaint filed with this Commission on August 9, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by failing to properly notice its May 24, 1994 special meeting and by failing to publish any record of its action. The complainant also alleged violations of sections of the Connecticut General Statutes not within the jurisdiction of this Commission.

3. It is found that the assistant town clerk received and posted notice of the respondent's May 24, 1994 special meeting on May 20, 1994.

4. It is accordingly concluded that because the respondent's May 24, 1994 special meeting was neither unnoticed nor secret within the meaning of 1-21i(b)(1), G.S., this Commission lacks subject matter jurisdiction over that meeting in this case as the complaint was filed more than thirty days thereafter.

5. It is also found that the respondent's secretary prepared minutes to the May 24, 1994 meeting within two days thereof.

6. Accordingly, the respondent is not in violation of the provisions of 1-21(a), G.S., under the facts of this case.

Docket #FIC 94-274 Page 2

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 April 26, 1995.

Debra L. Rembowski

Clerk of the Commission

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:

EUGENE SAMMARTINO

#23 Route 6

P.O. Box 77

Andover, CT 06232

ANDOVER BOARD OF SELECTMEN

Town Office Building

School Road

Andover, CT 06232

Debra L. Rembowski

Clerk of the Commission