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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Cynthia Hochswender and
the |
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Complainants |
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against |
Docket #FIC 2001-224 |
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Policy Subcommittee, |
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Respondents |
July 25, 2001 |
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This matter was heard as a contested case on June 20, 2001, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. For purposes of hearing, this case was consolidated with Docket #FIC 2001-225; Gale Courey Toensing and Waterbury Republican v. Superintendent of Schools, Regional School District One; and Policy Subcommittee, Board of Education, Regional School District One. The case caption has been amended to reflect the accurate name of the respondent.
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 §1-200(1),
G.S.
2. By letter dated May 3, 2001, and filed with the Commission on May 4, 2001, the complainants alleged that the respondent violated the Freedom of Information [hereinafter “FOI”] Act by convening its May 3, 2001 special meeting prior to the start time indicated on the notice of such meeting.
3. Section 1-225, G.S., provides in relevant part:
(a) [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…(d) Notice of each special
meeting of every public agency…shall be given…by filing a notice of the
time and place thereof….
4. It is found that the respondent conducted a special meeting on May 3, 2001 [hereinafter “the meeting”]. It is found that the notice of the meeting indicated a start time of 3:00 P.M.
5. It is found that all members of the respondent gathered at the place set for the meeting and, without taking note of the time, began the meeting at approximately 2:50 P.M.
6. It is found that, shortly before 3:00 P.M., the complainant Hochswender arrived at the meeting, observed that it was in progress, and attended the remainder of the meeting. It is also found that, at the conclusion of the meeting, the complainant Hochswender approached the chairman of the respondent, questioned him about the discussion of the respondent during the meeting, and received answers to her questions.
7. It is found that no action was taken by the respondent at the meeting, which was held to discuss proposed policy changes of the board of education of Regional School District One. It is found that the respondent subsequently prepared a draft of proposed policy changes for such board’s review and approval, which draft is available for public inspection.
8. At the hearing in this matter, the respondent conceded that it violated §1-225, G.S., by failing to wait until 3:00 P.M. to start the meeting. It is concluded that the respondent thereby violated the FOI Act, as alleged in paragraph 2, above. Based on the facts and circumstances of this case, however, it is found that such violation was inadvertent and not willful.
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 §1-225, G.S.
2. The parties are encouraged to utilize the Commission’s ombudsman process in the future.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 25, 2001.
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Petrea A. Jones
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:
Cynthia Hochswender and the
Lakeville Journal
c/o Janet Manko, Publisher
33 Bissell Street, PO Box 1688
Lakeville, CT 06039
Policy Subcommittee, Board of Education,
Regional School District One
c/o Thomas N. Sullivan, Esq.
Sullivan, Schoen, Campane and Connon, LLC
646 Prospect Avenue
Hartford, CT 06105-4286
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-224/FD/paj/07/30/2001