FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Mary Zawacki,

 

                        Complainant

 

            against              Docket #FIC 94-7

 

Deep River Board of Selectmen,

 

                        Respondent                  April 27, 1994

 

            The above-captioned matter was heard as a contested case on March 24, 1994, 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 1-18a(a), G.S.

 

            2.  By letter of complaint filed with this Commission on January 6, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act on December 1, 1993, December 13, 1993, and January 3, 1994 by failing to state in the notices of its December meetings that she would be discussed and by failing to provide to her proper notice that she might by removed from her public post on January 3, 1994.  The complainant requested that this Commission rescind all actions taken by the respondent at these meetings.

 

            3.  It is found that the respondent conducted a special meeting on Wednesday, December 1, 1993, notice of which meeting was filed with the town clerk on Monday, November 29, 1993.

 

            4.  It is concluded that in accordance with the provisions of 1-21i(b)(1), G.S., this Commission lacks subject matter jurisdiction over the allegations of the complaint in this matter with respect to the December 1, 1993 meeting.

 

            5.  It is found that the respondent conducted a regular meeting on Monday, December 13, 1993 during which the respondent discussed the complainant but took no action concerning her.

 

            6.  It is found that the agenda of the respondent's December 13, 1993 regular meeting does not specifically state that the complainant was to be a topic of discussion.

 

            7.  It is found that the complainant was discussed at the

 

Docket #FIC 94-7                               Page 2

 

respondent's December 13, 1993 regular meeting in open session, although no vote was taken by the respondent to add this topic as a new agenda item.

 

            8.  It is found that item number seven on the December 13 agenda, which specifies "any other business to come before the board," did not reasonably apprise the public that the complainant was to be discussed that evening.

 

            9.  It is concluded that the respondent's failure to add as a topic to its December 13 regular meeting agenda the discussion of the complainant by a vote of two-thirds constitutes a violation of 1-21(a), G.S.

 

            10.  It is found that on Monday, January 3, 1994, the respondent conducted a special meeting, the notice of which was filed with the town clerk on Thursday, December 30, 1993.

 

            11.  It is found that the notice of special meeting for January 3, 1994 indicated the following as the topic for discussion: "1. Call to order; 2. To discuss and act on complaints concerning Chairman Mary Zawacki: Conservation/Inland Wetlands Commission; 3. Adjournment."

 

            12.  It is found that at no time on January 3, 1994 did the respondent enter executive session.

 

            13.  The complainant alleges that local ordinance requires the respondent to give her prior written notice before acting to remove her from her public post.

 

            14.  It is concluded that the allegation identified in paragraph 13, above, does not state a claim under the provisions of the FOI Act absent evidence that the complainant was discussed in executive session.

 

            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 with respect to the allegations concerning the respondent's meetings of December 1, 1993 and January 3, 1994.

 

Docket #FIC 94-7                               Page 3

 

            2.  In light of the fact that the respondent took no  action concerning the complainant at its regular meeting of December 13, 1993, this Commission in its discretion declines to declare null and void any action taken at that time.

 

            3.  Henceforth the respondent shall strictly comply with the provisions of 1-21(a) G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 27, 1994.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 94-7                               Page 4

 

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:

Mary Zawacki

c/o Jeremiah Donovan, Esq.

P.O. Box 554

Old Saybrook, CT 6475

 

Deep River Board of Selectmen

c/o Jane R. Marsh, Esq.

6 Elm Street

Deep River, CT 06417

 

                                                                  

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission