FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on June 20, 2008, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of §1-200(1), G.S.

 

2.      By e-mail dated March 1, 2008 and filed on March 3, 2008, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to properly notice its February 11, 2008 special meeting.

 

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

 

(d)  Notice of each special meeting of every public agency, except for the General Assembly, either house thereof or any committee thereof, shall be given not less than twenty-four hours prior to the time of such meeting by filing a notice of the time and place thereof in the office of the Secretary of the State for any such public agency of the state, in the office of the clerk of such subdivision for any public agency of a political subdivision of the state and in the office of the clerk of each municipal member for any multitown district or agency.  The secretary or clerk shall cause any notice received under this section to be posted in his office.  Such notice shall be given not less than twenty-four hours prior to the time of the special meeting…

and

 

(g)  In determining the time within which or by when a notice, agenda, record of votes or minutes of a special meeting or an emergency special meeting are required to be filed under this section, Saturdays, Sundays, legal holidays and any day on which the office of the agency, the Secretary of the State or the clerk of the applicable political subdivision or the clerk of each municipal member of any multitown district or agency, as the case may be, is closed, shall be excluded.

 

4.      It is found that the respondent held a special meeting on Monday, February 11, 2008, at 10:00 a.m. (hereinafter “special meeting”), the notice for which was not submitted to and posted by the Plainfield town clerk until 2 p.m. on Friday, February 8, 2008.

 

5.      It is found that February 9 and 10, 2008, were a Saturday and Sunday, and therefore, are excluded in determining the time within which the notice for the respondent’s special meeting was required to be filed and posted.

 

6.      Consequently, it is found that the respondent filed the notice of its special meeting less than twenty-four hours prior to that meeting.

 

7.      It is concluded, therefore, that the respondent violated §1-225(d), G.S., by filing notice of its February 11, 2008 special meeting less than twenty-four hours prior to that meeting.  

 

8.      Notwithstanding the conclusion in paragraph 7, above, it is found that the Plainfield first selectman, a member of the respondent Water Pollution Control Authority, called the special meeting and directed his secretary, some time before 10:00 a.m. on February 8, 2008, to submit the notice for that meeting to the town clerk.

 

9.      It is found, however, that the secretary failed to understand the significance of filing the notice at the specific time she was directed to do so and filed the notice during the ordinary course of her work day.

 

10.   It is found, therefore, that the respondent’s violation of §1-225(d), G.S., was unintentional.  It is further found that the respondent is committed to being more careful with noticing its special meetings in the future.

 

 

 

 

 

 

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

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 23, 2008.

 

 

____________________________

S. Wilson

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:

 

Kevin Cunningham

405 Moosup Pond Road

Moosup, CT 06354

 

Water Pollution Control Authority,

Town of Plainfield

8 Community Avenue

Plainfield, CT 06374

 

 

 

 

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-133FD/sw/7/28/2008