The above-captioned matter was heard as a contested case on January 28, 1998, 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(1), G.S., (§ 1-18a(a), G.S., prior to Oct. 1, 1997).

        2. By letter of complaint dated September 15, 1997 and filed on September 16, 1997, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by convening an unnoticed meeting of the New Milford Zoning Commission (hereinafter "zoning commission").

        3. It is found that on or about September 3, 1997, the respondent chairman telephoned several of the zoning commission members to ascertain their availability for a special meeting of the zoning commission on September 5, 1997 (hereinafter "special meeting").

        4. Section § 1-18a(2), G.S., (1-18a(b), G.S., prior to Oct. 1, 1997) provides that "[c]ommunication limited to notice of meetings of any public agency or the agendas thereof" is not a meeting for purposes of the FOI Act, and therefore does not require notice to the public.

        5. It is found that the respondent chairman’s September 3, 1997 telephone conversations described in paragraph 3, above, were communications limited to notice and the agenda of the September 5, 1995 meeting, within the meaning of § 1-18a(2), G.S., (1-18a(b), G.S., prior to Oct. 1, 1997).

        6. It is concluded that the respondent chairman’s September 3, 1997 telephone conversations did not constitute a meeting of the zoning commission, and therefore, the respondent chairman did not violate the meeting provisions of § § 1-18a(2), G.S., (1-18a(b), G.S., prior to Oct. 1, 1997) and 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 dismissed.

        Approved by Order of the Freedom of Information Commission at its regular meeting of April 8, 1998.
_________________________
Doris V. Luetjen
Acting 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:
Jay Lewin
c/o William J. Wellman
57 North Street, Suite 404
Danbury, CT 06810

Chairman, Zoning Commission, Town of Milford
c/o Jeffery B. Sienkiewicz
Sienkiewicz & McKenna, PC
9 South Main Street
New Milford, CT 06776

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-291/FD/tcg/04171998