FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Sara J. D’Elia, | |||
| Complainants | |||
| against | Docket #FIC 2002-133 | ||
|
Mayor, Town of Putnam; and Board of Selectmen, Town of Putnam, |
|||
| Respondent | August 14, 2002 | ||
The above-captioned matter was heard as a contested case on May 22, 2002, at which time the complainant 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.
2. By letter of complaint dated on March 21, 2002, and filed on March 25, 2002, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by discussing and voting on an item that was not on the agenda of the respondents’ March 4, 2002 meeting and requested that the action taken at the March 4, 2002 meeting regarding the budget, should be declared null and void.
3. Section 1-225(c), G.S., provides in relevant part:
the 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, in such agency’s regular office or place of business . . . Upon the 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 on March 4, 2002, the respondents held a regular meeting during which they discussed and voted to accept an agenda item entitled “Item #9E Review of the Proposed 2002-2003 General Government Budget and Five Year Improvement Plan” (hereinafter “budget”). It is also found that for the past several years, the respondents have characterized this budget item as a “review,” “approval,” “reconsideration,” or “review and acceptance” of the budget. It is further found that no department head was invited to discuss their budget and no budget work sessions were called in preparation for the March 4, 2002 meeting, but the proposed budget was accepted without much discussion and without further motion to place it on the agenda.
5. It is found that the respondents’ notice and agenda for the March 4, 2002 regular meeting fairly apprised the public of the business to be transacted at such meeting and consequently did not violate the notice and agenda provisions of §1-225(c), G.S.
6. At the hearing on this matter, the complainant contended that the agenda prepared for the March 4, 2002 regular meeting did not constitute proper notice and filing of an agenda for that meeting and that the respondents violated the FOI Act because members of the public were not given an opportunity to speak at that meeting regarding the budget.
7. With respect to the allegation described in paragraph 6, above, it is found that these matters were not fairly raised in the complaint in this case and therefore the Commission lacks jurisdiction to address them. Suffice it to say, however, that even though public participation is laudable and in keeping with the spirit of the FOI Act, there is no provision in that Act granting the public the right to speak at a meeting.
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 August 14, 2002.
_______________________________________
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:
Mayor, Town of Putnam; and
Board of Selectmen,
Town of Putnam
c/o William H. St. Onge, Esq.
Boland, St. Onge & Brouillard
Fifty Route 171, PO Box 550
Putnam, CT 06260-0550
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2002-133/FD/paj/8/20/2002