FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Joseph W. Schwartz,
		Complainants
	against		Docket #FIC 2002-211
School Building Committee 2001, Town of Easton,
		Respondents	October 23, 2002

 

The above-captioned matter was heard as a contested case on September 3, 2002, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  At the outset of the hearing in this matter, the complainant withdrew his complaint against Peggy Macaluso, Steven Rowland, Theodore Catino, Ralph Delia, and Glenn Maiorano, as members of the respondent committee.  Accordingly, the case caption has been amended to reflect such withdrawal. 

           

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.  The respondent committee is a public agency within the meaning of §1-200(1), G.S.

 

2.  By letter of complaint dated May 7, 2002, and filed on May 8, 2002, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information Act by discussing and voting on an item that was not on the agenda of the respondent’s April 8, 2002 meeting.  The complainant requested that the action taken at the April 8, 2002 meeting regarding the election of a co-chairman of the respondent committee be declared null and void, and that the individual members originally named in the complaint, which voted for such member, be assessed a civil penalty.

 

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 April 8, 2002, the respondent committee held a regular meeting during which Theodore Catino resigned as co-chairman of the respondent.  It is also found that, at such time, a motion was made and seconded to nominate another member of the respondent committee, Steven Rowland, as new co-chairman, and that thereupon discussion followed as to whether such action should be taken up at a special meeting.  It is further found that, after such discussion, the members of the respondent voted by a two-thirds majority to elect Mr. Rowland as new co-chairman. 

 

5.  It is found that the election of a new co-chairman was not an item on the agenda of the April 8, 2002, meeting.  It is further found that the respondent failed to vote by a two-thirds majority to add such item to the agenda of the April 8, 2002 meeting.  Accordingly, it is concluded that the respondent technically violated §1-225(c), G.S., by such failure.

 

6.  It is found that affirmation of Mr. Catino’s resignation as co-chairman, and re-nomination of Mr. Rowland as new co-chairman, were items on the agenda of the respondent’s June 24, 2002 regular meeting.  It is also found that, during such meeting, Mr. Catino reaffirmed his resignation and the members of the respondent again elected Mr. Rowland as co-chairman by a unanimous vote of those members present. 

 

7.  Based upon the facts and circumstances of this case, the Commission declines to declare null and void the action taken at the April 8, 2002 meeting, regarding Mr. Rowland’s election and declines to impose civil penalties. 

 

On the basis of the record concerning the above-captioned complaint, no order by the Commission is hereby recommended.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 23, 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:

 

Joseph W. Schwartz

21 Dogwood Drive

Easton, CT 06612

 

School Building Committee

2001, Town of Easton,

c/o Ira W. Bloom, Esq.

Wake, See, Dimes & Bryniczka

27 Imperial Avenue

PO Box 777

Westport, CT 06881-0777

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2002-211/FD/paj/10/29/2002