FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on June 1, 2004, at which time the complainants appeared, and presented testimony, exhibits and argument on the complaint.  The respondent failed to appear.  For purposes of hearing, the above captioned matter was consolidated with Docket #FIC 2004-091, Sherry Didsbury and the Terryville/Plymouth Community News v. Police Commission, Town of Plymouth.

 

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

1.      It is found that the respondent is a public agency within the meaning of §1-200(1), G.S.

 

2.      By e-mail dated February 4, 2004 and filed on February 6, 2004, the complainants appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by conducting business at its January 13, 2004 regular meeting that was not on the agenda for that meeting and failing to vote to add such business to the agenda.

 

3.      Section 1-225(c), G.S., provides in relevant part that:  

 

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 or, if there is no such office or place of business . . .  in the office of the clerk of such subdivision for any public agency of a political subdivision of the state or in the office of the clerk of each municipal member of any multitown district or agency.  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 the respondent held a regular meeting on January 13, 2004 and at that time discussed, and voted to appoint a new police chief and a committee to search for a new police captain under the agenda item “new business”. 

 

5.      It is found that the respondent did not obtain an affirmative vote of two-thirds of its members present and voting prior to considering and acting upon the matters described in paragraph 4, above.

 

6.      It is found that such conduct constituted subsequent business not included on the filed agenda, pursuant to §1-225(c), G.S., and it is therefore concluded that the respondent violated §1-225(c), G.S., in that regard.

 

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(c), G.S.

 

                                                                                   

Approved by Order of the Freedom of Information Commission at its regular meeting of September 8, 2004.

 

________________________________

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:

 

            Sherry Didsbury and the

Terryville/Plymouth Community

News

52 Prospect Street

Terryville, CT 06786

 

 

Police Commission,

Town of Plymouth

80 Main Street

Terryville, CT 06786

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

FIC/2004-061FD/paj/9/9/2004