FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Charles Alfano, Eva Brown,
Edward Fedorowich, Jr. and Mark V. Jones,
Complainants
against Docket
#FIC 95-389
John V. Nejfelt, Chairman, Somers
Ethics Commission, Frank J. Dever,
Martha Rainey, Herbert
Warnock and Somers Ethics Commission,
Respondents June 26, 1996
The above-captioned matter was heard as a contested
case on April 23, 1996, at which time the complainants and the respondents
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
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter
of complaint filed with this Commission on November 8, 1995, the complainants
alleged the following:
a) with
respect to an October 11, 1995 meeting, the respondents failed to abide by the
provisions of 7-148h and 1-82a(a)-(e), G.S., and the respondents
failed to have available to the public the minutes and record of votes for that
meeting;
b)with respect to a meeting of October 26, 1995, the
respondents violated 1-82a(a)-(e), G.S., and the respondents failed to
have available to the public the minutes and record of votes for that meeting.
The complainants also
requested the imposition of civil penalties against the respondents.
3. The
Commission notes that no allegations are made against respondents Warnock and
Rainey with respect to paragraph 2a), above.
4. The
Commission's jurisdiction is limited to the provisions of the Freedom of
Information ("FOI") Act and accordingly does not extend to the
provisions of the state ethics statutes contained in 1-82a(a)-(e), G.S. Therefore, the only issues for resolution
under the facts of this case concern the minutes and records of votes for the
meetings of the respondent ethics commission of October 11 and October 26,
1995.
Docket #FIC 95-389 Page
2
5. It is
found that on October 11, 1995, respondents Nejfelt, Dever and ethics
commission conducted a special meeting during which time these respondents
voted.
6. The
respondents claim that Mssrs. Nejfelt and Dever did not constitute a quorum of
the respondent ethics commission, and therefore no "meeting" actually
occurred.
7. It is
concluded that respondents Nejfelt, Dever and ethics commission conducted a
meeting within the meaning of 1-18a(b), G.S., on October 11, 1995 and that
the respondents conducted a meeting within the meaning of 1-18a(b), G.S.,
on October 26, 1995.
8. It is
found that respondents Nejfelt and Dever voted during the meeting of October
11, 1995.
9. It is also
found that the respondents voted during the meeting of October 26, 1995.
10. It is
also found that the respondents did not have available for public inspection
minutes or records of votes for the October meetings at issue under the facts
of this case.
11. It is
accordingly concluded that the respondents violated the provisions of
1-21(a), G.S., under the facts of this case.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. Henceforth
the respondents shall strictly comply with the provisions of 1-21(a), G.S.
2. In its
discretion the Commission declines to impose civil penalties against the
respondents under the facts of this case.
Approved by Order of the
Freedom of Information Commission at its regular meeting of June 26, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-389 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:
Charles Alfano
22 Ridgewood Drive
Somers, CT 06071
Eva Brown
125 Watchaug Road
Somers, CT 06071
Edward Fedorowich, Jr.
P.O. Box 124
Somers, CT 06071
Mark V. Jones
106 Bilton Road
Somers, CT 06071
John V. Nejfelt, Chairman
Somers Ethics Commission
10 Scully Drive
Somers, CT 06071
Frank J. Dever
13 Colonial Drive
Somers, CT 06071
Martha Rainey
c/o Andrew K. Rockett, Esq.
2461 Main Street
Glastonbury, CT 06033
Herbert Warnock
80 Maple Street
Somers, CT 06071
Somers Ethics Commission
c/o Carl T. Landolina, Esq.
Fahey, Landolina & Roznoy
LLC
487 Spring Street
Suite Two
Windsor Locks, CT 06096
Elizabeth A. Leifert
Acting Clerk of the Commission