FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Susan Ray,

 

                        Complainant

 

            against              Docket #FIC 94-229

 

Simsbury Public Library Board of Directors,

 

                        Respondent                  July 12, 1995

 

            The above-captioned matter was heard as a contested case on May 25, 1995, 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.  By letter of complaint filed with this Commission on July 14, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by conducting an illegal meeting on June 20, 1994 and by failing to file minutes or a notice of cancellation of the meeting with the town of Simsbury.  The complainant requested the imposition of civil penalties against the town of Simsbury, each of the respondent board members, and the town's library director.

 

            3.  At the hearing into this matter, the complainant raised the following additional allegations against the respondent:

 

            a.  it failed to specify in its meeting notice for June 27,

                1994 that the meeting was in fact to be a special

                meeting;

 

            b.  it failed to follow its agenda for the June 27, 1994

                special meeting; and,

           

            c.  its minutes for the June 27, 1994 meeting were filed

                more than seven days after the meeting.

 

            4.  The allegations against the respondent identified in paragraphs 3a)-c), above, were not fairly raised in the

 

Docket #FIC 94-229                           Page 2

 

complaint into this matter so as to give fair notice to the respondent in accordance with the principles of due process.  Accordingly, this Commission shall restrict the examination in this case to those issues identified in paragraph 2, above.

 

            5.  It is found that on June 20, 1994, several staff members as well as three members of the respondent board waited approximately twenty minutes for the arrival of a fourth board member so that a quorum of the respondent board could convene.

 

            6.  It is found that as each individual entered the room on June 20, 1994, the newly employed head of adult services, who was also new to the town, was informally introduced to that person by a Ms. Gleason.

 

            7.  It is also found that while the group awaited the anticipated arrival of a quorum, an informal chat ensued during which those present discussed where they grew up and came from.

 

            8.  It is found that after about twenty minutes passed, the respondent's director noted that there was no quorum and accordingly the meeting could not go forward.  At that time, people began to leave.

 

            9.  It is found that the only agenda business discussed on June 20, 1994 was that arrangements should be made to see which of the respondent's members would be available to meet on the following Monday evening.

 

            10.  It is concluded that the respondent's communications of June 20, 1994 do not constitute a "meeting" within the meaning of 1-18a(b), G.S.

 

            11.  It is also concluded that the respondent's actions of June 20, 1994 are not otherwise in violation of the provisions of the FOI Act, as the FOI Act neither requires a filing with the town of notice of cancellation nor minutes of a meeting that in fact did not take place.

 

            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 July 12, 1995.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

Docket #FIC 94-229                           Page 3

 

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:

SUSAN RAY

101 Behrens Road

New Hartford, CT 06057

 

SIMSBURY PUBLIC LIBRARY BOARD OF DIRECTORS

c/o Mary Glassman

933 Hopmeadow Street

P.O. Box 495

Simsbury, CT 06070

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission