The above-captioned matter was scheduled to be heard as a contested case on 
April 21, 1998, at which time the complainant appeared, but the respondent did not.  The 
records of the Commission indicate that the respondent received timely notice of the time 
and place of the hearing in this matter.  The complainant 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.

	2.   By letter dated March 23, 1998 and filed March 24, 1998, the complainant 
alleged several violations on the part of the respondent.  At the hearing in this matter, the 
complainant limited her complaint to an allegation that the respondent did not provide 
adequate notice of the business ultimately transacted at its special meeting of February 
23, 1998 regarding Andover toilet renovations (hereinafter “renovations”).  The 
complainant requested that the Commission declare null and void the vote at such 
meeting regarding the renovations.    

	3.   Section 1-21(a), G.S., in relevant part provides:

[n]otice of each special meeting of every public agency… 
shall be given not less than twenty-four hours prior to the 
time of such meeting by filing a notice of the time and place 
thereof…in the office of the clerk of such subdivision for 
any public agency of a political subdivision of the state…. 
The notice shall specify the time and place of the special 
meeting and the business to be transacted.  No other 
business shall be considered at such meetings by such public 
agency….

	4.   It is found that the notice of the respondent’s special meeting of February 23, 
1998, included the following items:

1.  Call to Order
2.  Public Comment
3.  Approval of Jan. 29, 1998 Minutes
4.  CIP Projects 1997
5.  CIP Projects 1998
6.  Capitol Improvement Plan
7.  Public Comment
8.  Adjourn.

	5.   It is found that, at the meeting described in paragraph 4, above, the 
respondents voted to approve $200,000.00 for the renovations, as a CIP 1998 Project.   

	6.   It is concluded that, since “1998 CIP Projects” was listed as an agenda item 
for the respondent’s special meeting of February 23, 1998, and since the Renovations 
project was one such project, the respondents met the minimum requirements 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.

	2.  The Commission commends the complainant in this matter, who is an ex 
officio member of the respondent committee, for her attempt to require more specificity 
in the respondent’s agendas.  Certainly, the Commission encourages public agencies to be 
as descriptive as possible in setting agendas, so that the public may be informed of 
important decisions made on its behalf by public agencies.  In this instance, a sizable sum 
of taxpayer money was involved; and while the agenda for the meeting met the minimum 
requirements of the FOI Act, an itemization of the 1998 CIP projects would have 
provided the public with more meaningful notice of the respondent’s plans.  

	3.  The Commission strongly urges that the town of Andover contact the 
Commission’s staff to set up a workshop for town agencies concerning the requirements 
of the Freedom of Information Act.

	Approved by Order of the Freedom of Information Commission at its regular 
meeting of July 22, 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:

Joan Foran
143 Hebron Road
Andover, CT 06232

Andover Capital Improvement Committee, Town of Andover
Town Office Building
P.O. Box 328
Andover, CT 06232

__________________________
Doris V. Luetjen
Acting Clerk of the Commission

FIC1998-074/FD/tcg/07291998