FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Richard
Aiello, Alexander Aiello, and |
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Complainant |
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against |
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Docket #FIC
1999-527 |
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Chairman,
Planning and Zoning Commission, |
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Respondents |
May 24, 2000 |
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The above-captioned matter was heard as a contested
case on January 19, 2000, at which time the complainants and the respondents
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 respondents are public agencies within the meaning of §1-200(1),
G.S. [formerly §1-18a(1),
G.S.].
2.
By letter dated and
filed on November 10, 1999, the complainants’ appealed to this Commission
alleging that the respondents violated the Freedom of Information (“FOI”)
Act by conducting an unnoticed or secret meeting at which it authorized the
issuance of a cease and desist order regarding the complainants’ property
and the business conducted thereon. The
complainants request that the actions taken at the alleged unnoticed or secret
meeting be made void.
3.
Section 1-225(a), G.S.
[formerly §1-21(a), G.S.], provides in relevant part that:
“[t]he
meetings of all public agencies, except executive sessions as defined in
subdivision (6) of section 1-200, shall be open to the public . . . the
chairman or secretary of any such public agency of any political subdivision
of the state shall file, not later than January thirty-first of each year,
with the clerk of such subdivision the schedule of regular meetings of such
public agency for the ensuing year .
. .”
and
that:
“[t]he
agenda of the regular meetings of every public agency
. . . shall be available to the public and shall be filed, not less
than twenty-four hours before the meetings to which they refer . . . Upon
affirmative vote of two thirds of the members of a public agency present and
voting, any subsequent business not included in such filed agendas may be
considered and acted upon at such meetings.”
4.
It is found that the
respondents held a regular meeting on August 17, 1999, which was properly
noticed in accordance with the provision of §1-225(a), G.S. [formerly
§1-21(a), G.S.], (hereinafter “August meeting”).
5.
It is found that at
the August meeting, the respondent commission voted to add to the agenda
discussion of problems related to the complainants’ property and the
business conducted thereon and subsequently voted to issue a cease and desist
order to the complainants’ business to remain closed from 10:00 p.m. to 5:00
a.m.
6.
It is found that
there is no evidence in the record to support the complainants’ allegation
that the respondents held any other meetings that were unnoticed or secret
during which the respondents determined to issue the cease and desist order
described in paragraph 2 and 5, above.
7.
It is therefore
concluded that the respondents did not violate the meetings provisions of
§1-225(a), G.S. [formerly §1-21(a), G.S.], by conducting an unnoticed or
secret meeting at which it authorized the issuance of a cease and desist order
regarding the complainants’ property and the business conducted thereon.
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 May 24, 2000.
_________________________
Melanie R. Balfour
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:
Richard Aiello, Alexander Aiello and Donald Aiello d/b/a Trumbull Park Business Center
c/o Atty. Serge G. Mihaly
Mihaly & Kascak
952 White Plains Road
Trumbull, CT 06611
Chairman, Planning and Zoning Commission, Town of Trumbull; and Planning and Zoning Commission, Town of Trumbull
c/o John F. Fallon
Town Attorney
Town of Trumbull
c/o 53 Sherman Street
Fairfield, CT 06430
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-527FD/mrb/05/25/00