FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Arthur E. Azzarito, Rudy Behrens, Allen Murray, Linda Sacco, Fred Turner, Larry Diou, Susan Swanson and New Fairfield Taxpayers Association,

 

                        Complainants

 

            against              Docket #FIC 91-145

 

New Fairfield Board of Educationn and New Fairfield Board of Finance,

 

                        Respondents                 November 27, 1991

 

            The above-captioned matter was heard as a contested case on September 6, 1991, 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 respondents are public agencies within the meaning of 1-18a(a), G.S.

 

            2.         By complaint filed June 4, 1991, the complainants alleged that on May 8, 1991 the respondents held a meeting in the conference room of the respondent board of education to discuss the budget of the board of education without posting notice.

 

            3.         It is found that the respondent board of finance posted notice of the May 8, 1991 meeting on the door of the town hall the day before the meeting that is the subject of the complaint, but that no notice of the meeting was posted at the office of the town clerk as required by 1-21, G.S.

 

            4.         It is found that the posted notice did not satisfy the requirements of 1-21, G.S.

 

            5.         It is found that because the meeting was posted as a meeting of the respondent board of finance, the constituency of the respondent board of education in particular lacked notification that the board of education would be discussing budget matters with the board of finance at the meeting.

 

#FIC 91-145                           Page Two

 

            6.         At hearing the respondents agreed that after the November elections they will contact the Freedom of Information Commission for a training session on the Freedom of Information Act.

           

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

 

            1.         The respondents shall henceforth comply with the notice requirements of 1-21, G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of November 27, 1991.

 

                                                                  

                                    Debra R. Rembowski

                                    Acting Clerk of the Commission

 

#FIC 91-145                           Page Three

 

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:

Arthur E. Azzarito, , Rudy Behrens, Allen Murray, Linda Sacco, Fred Turner, Larry Diou, Susan Swanson

 c/o Arthur E. Azzarito, New Fairfield Taxpayers Association

P.O. Box 8321

New Fairfield, CT 06812

 

New Fairfield Board of Education

New Fairfield Board of Finance

c/o Mr. Willis D. Schmit, Chairman, Board of Finance

Town Hall, Route 39

P.O. Box 8896

New Fairfield, CT 06812

 

                                                                 

                                    Debra R. Rembowski

                                    Acting Clerk of the Commission