FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Gregory M. Conte,

 

                                Complainant

 

                against                   Docket #FIC 95-85

 

Monroe Board of Finance,

 

                                Respondent                          December 27, 1995

 

                The above-captioned matter was heard as a contested case on October 18, 1995, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The matter was consolidated for purposes of hearing with Gregory M. Conte v. Monroe Board of Finance, Docket #FIC 95-84.

 

                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 March 17, 1995 and filed March 20, 1995, the complainant appealed to the Commission and alleged that the respondent transacted business not contained on its agenda for a special meeting.

 

                3.  It is found that on January 25, 1995, the respondent noticed a series of special meetings to discuss the proposed town budget over the course of the next six weeks.

 

                4.  It is found that pursuant to the notice described in paragraph 3, above, a budget workshop session was scheduled for March 7, 1995 at 8:00 p.m.; and a budget workshop session and vote were scheduled for March 8, 1995.

 

                5.  Section 1-21(a), G.S., provides, in pertinent part, that the notice of a special meeting shall specify "the business to be transacted" and that "no other business shall be considered at such meetings by such public agency."

 

                6.  It is found that on March 7, 1995, the respondent concluded its budget workshop session and proceeded to vote on twenty-four separate items on the proposed town budget.

 

#FIC 95-85                                             Page 2

 

                7.  It is found that the respondent cancelled its special meeting noticed for March 8, 1995, which was the scheduled date for the budget vote.

 

                8.  It is found that the respondent considered business at its March 7, 1995 special meeting which was not set forth on its notice of special meeting; and it is concluded therefore that the respondent violated the provisions of 1-21(a), G.S., with respect thereto.

 

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

 

                1.  Henceforth, the respondent shall strictly comply with the provisions of 1-21(a), G.S., with respect to the conduct of its special meetings.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 27, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-85                                               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:

Gregory M. Conte

136 Wheeler Road

Monroe, CT 06468

 

Monroe Board of Finance

c/o James White, Jr., Esq.

850 Main Street

Bridgeport, CT 06601

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission