FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Nicholas B. Wynnick,

 

                        Complainant

 

            against              Docket #FIC 91-51

 

Ansonia Library Board of Directors,

 

                        Respondent                  August 28, 1991

 

            The above-captioned matter was heard as a contested case on May 7, 1991, at which time the complainant and the respondent appeared 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 1-18a(a), G.S.

 

            2.  On February 4, 1991, the respondent held a regular meeting which adjourned at 8:34 p.m.

 

            3.  By letter of complaint dated February 28, 1991 and filed with the Commission on March 1, 1991, the complainant alleged that he was forced to leave the building in which the respondent's February 4, 1991 meeting was held although six members of the respondent, constituting a quorum thereof, were still present in the building.

 

            4.  It is found that although six members of the respondent were present in the library building on February 4, 1991 after the adjournment of the respondent's regular meeting, the complainant failed to prove, as alleged, that a quorum of the respondent either met at that time or discussed agency business so as to constitute a "meeting" of that agency as defined in 1-18a(b), G.S.

 

            5.  It is therefore concluded that the respondent did not violate the Freedom of Information Act as alleged in the complaint herein.

 

Docket #FIC 91-51                             Page 2

 

            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 28, 1991.

 

                                                                 

                                    Karen J. Haggett

                                    Clerk of the Commission

 

Docket #FIC 91-51                             Page 2

 

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:

Nicholas B. Wynnick

55 Prospect Street

Ansonia, CT  06401

 

James E. Sheehy, Esq.

303 Wakelee Avenue

Ansonia, CT  06401

 

                                                                 

                                    Karen J. Haggett

                                    Clerk of the Commission