FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Clyde A. Selner,
Complainant
against Docket
#FIC 94-403
Berlin Inland Wetlands and
Watercourses Commission,
Respondent September 27, 1995
The above-captioned matter was heard as a contested
case on June 19, 1995, at which time the complainant and the respondent
appeared, stipulated to certain facts and presented testimony, exhibits and
argument on the complaint. Docket #FIC
95-58, Clyde A. Selner v. Berlin Inland Wetlands and Watercourses Commission,
was consolidated for hearing with this case.
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 dated November 12, 1994 and filed on November 15, 1994, the
complainant appealed to the Commission alleging that the respondent violated
the Freedom of Information ("FOI") Act by failing to provide him with
notice by mail of its October 11, 1994 special meeting. The complainant requests that all actions
taken at the meeting be declared null and void.
3. It is
found that the respondent held a special meeting on October 11, 1994.
4. It is
found that on November 9, 1994, while going through the respondent's minutes at
the town hall the complainant became aware that the October 11, 1994 special
meeting had occurred.
5. It is
found that the complainant received notice in fact of the October 11, 1994
special meeting on November 9, 1994.
Docket #FIC 94-403 Page
2
6. It is
concluded that the Commission has jurisdiction to hear this appeal as the
complainant's notice of appeal was filed within thirty days of his receiving
notice in fact of the October 11, 1994 special meeting.
7. Section
1-21c, G.S., provides in relevant part:
[T]he public agency shall, where
practicable, give notice by mail of each regular meeting, and of any special
meeting which is called, at least one week prior to the date set for the
meeting, to any person who has filed a written request for such notice with
such body, except that such body may give such notice as it deems practical of
special meetings called less than seven days prior to the date set for the
meeting. [Emphasis added].
8. It is
found that on March 14, 1994 the complainant filed a written request for notice
of meetings with the respondent pursuant to 1-21c, G.S., which request
specified in relevant part:
5.
The ... [complainant] pursuant to C.G.S. 1-21c, also requests that he be
given written notice by mail of all hearings and meetings to be held in
connection with the proceedings pertaining to the above-captioned permit for
the Berlin Steel Company's project.
[Emphasis added].
9. It is
found that the complainant's request for notice, described in paragraph 8,
above, limits his request to notice of meetings in connection with the Berlin
Steel Company's permit and was not a blanket request for notice of all meetings
of the respondent.
10. It also
found that the subject matter dealt with at the October 11, 1994 special
meeting had nothing to do with the Berlin Steel Company's permit.
11. Further
it is found that the respondent filed notice of the October 11, 1994 special meeting
with the town clerk's office on October 6, 1994, and such notice comports with
the notice requirements of 1-21(a), G.S.
12.
Accordingly, it is concluded that the respondent did not violate
1-21c, G.S., when it failed to send notice by mail to the complainant of
the October 11, 1994 special meeting.
Docket #FIC 94-403 Page 3
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 September 27, 1995.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 94-403 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:
Mr. Clyde A. Selner
32 Edgerly Street
Kensington, CT 06037
Berlin Inland Wetlands and
Watercourses Commission
c/o Stephen J. Anderson, Esq.
Berlin Office of the
Corporation Counsel
136 West Main Street
P.O. Box 2950
New Britain, CT 06050
Elizabeth A. Leifert
Acting Clerk of the Commission