FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on June 3, 2008, 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 respondent Common Council of the City of New Britain is a public agency within the meaning of §1-200(1), G.S.

 

2.      By letter dated January 25, 2008 and filed January 31, 2008, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information Act (“FOI Act”) by conducting a regular meeting without adequate notice that particular individuals were being recommended to fill certain positions on the Board of Education and on the Mattabassett District Commission.  At the hearing in this matter the complainant withdrew his request that the Commission consider the imposition of a penalty against the respondent majority leader.

 

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

 

The agenda of the regular meeting of every public agency. . . shall be available to the public and shall be filed, not less than twenty-four hours before the meeting to which they refer, (1) in such agency’s regular office or place of business, and (2) . . . 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 respondents’ agenda for their January 23, 2008 meeting lists the following resolution as item of discussion “Appointment of Peter J. Gostin to Mattabassett District Commission.  Purpose:  Filling vacancy due to expiration of [the terms] of Gregory Abrahamian, L. Salvio, M. Bernacki.” 

 

5.      It is found that, at the January 23, 2008 meeting, the respondents debated the appointment of Mr. Gostin to the Mattabassett District Commission.  It is further found that during the respondents’ debate of Mr. Gostin’s appointment, the respondent majority leader raised a motion to change the name of the prospective appointee from Peter J. Gostin to Carmen Aloisi.  It is further found that the resolution as amended was adopted, with eleven council members in favor and two council members opposed. 

 

6.      It is further found that the debate concerning Mr. Gostin’s appointment, the motion to amend the resolution to substitute the name of Carmen Aloisi, and the subsequent vote on the resolution as amended all occurred at the January 23, 2008 meeting in the presence of the public. 

 

7.      In Zoning Board of Appeals of the Town of Plainfield, et al. v. FOIC, et al., Superior Court, Docket No. 99-0497917-S, Judicial District of New Britain, Memorandum of Decision dated May 3, 2000 (Satter, J.), reversed on other grounds, 66 Conn. App. 279 (2001), the court observed that one purpose of a meeting agenda “is that the public and interested parties be apprised of matters to be taken up at the meeting in order to properly prepare and be present to express their views,” and that “[a] notice is proper only if it fairly and sufficiently apprises the public of the action proposed, making possible intelligent preparation for participation in the hearing.”

 

8.      While the complainant asserts that the respondent majority leader excluded the public from the meeting by not including his own resolution on the agenda regarding the prospective appointment of Mr. Aloisi to the Mattabassett District Commission, it is found that the agenda for the January 23, 2008 meeting sufficiently apprised the public that the respondent council was going to take up the matter of appointing some individual to the Mattabassett District Council. 

 

9.      It is further found that the respondents properly issued the agenda for the January 23, 2008 meeting, and did so well in advance of the twenty-four hours notice required pursuant to §1-225(c), G.S.  In fact, it is found that the respondent majority leader issued the agenda for the January 23, 2008 meeting on or about January 18, 2008. 

 

10.  Based on the facts and circumstances of this case, it is found that the agenda of the January 23, 2008 meeting was sufficient to apprise the public that the respondents would discuss the resolution to appoint Mr. Gostin to the Mattabassett District Commission, and, because Mr. Gostin was only a prospective candidate, the agenda was sufficient enough to apprise the public that the respondents could possibly move to amend the resolution at the meeting, and thereafter discuss and possibly vote on an alternative candidate to be appointed to said commission. 

 

11.  Accordingly, it is concluded that the respondents did not violate the FOI Act as alleged.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1.      The complaint is dismissed. 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 27, 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:

 

Paul Carver 

286 Garry Drive

New Britain, CT 06052

 

Michael Trueworthy, Majority Leader,

Common Council, City of New Britain

c/o James F. Sullivan, Esq 

Howard, Kohn, Sprague & Fitzgerald, LLP

237 Buckingham Street

Hartford, CT 06126-1798

 

Michael Trueworthy, Majority Leader,

Common Council, City of New Britain;

and Common Council, City of New Britain

c/o Joseph E. Skelly, Jr., Esq.

New Britain Corporation Counsel

27 West Main Street

New Britain, CT 06051

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-071FD/sw/9/3/2008