FIC1995-404

FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Lorraine Tirella,

Complainant

against Docket #FIC 1995-404

Chairman, Oxford Parks and Recreation

Commission and Oxford Parks and Recreation

Commission,

Respondents October 9, 1996

The above-captioned matter was heard as a contested case on April 24, 1996, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint. The respondents failed to appear.

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, dated November 15, 1995 and filed with the Commission on December 4, 1995, and supplemented by letter dated January 19, 1996 and filed with the Commission on January 22, 1996, the complainant appealed alleging that the respondents violated the Freedom of Information (“FOI”) Act by:

a. taking up unnoticed business at the respondent commission’s special meeting of November 6, 1995; and

b. denying her access to copies of records.

3. With respect to the allegation described in paragraph 2a., above, it is found that the respondent commission held a special meeting on November 6, 1995, (hereinafter “the meeting”).

4. It is found that the respondents filed the meeting agenda with the town clerk on October 31, 1995.

Docket #FIC 1995-404 page 2

5. Section 1-21(a), G.S., provides in relevant part that:

The [special meeting] notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by such public agency.

6. It is found that the respondent commission considered several items not specified on the meeting agenda, including the hoop shoot contest, basketball, approval of bills and lighting.

7. It is therefore concluded that the respondents violated §1-21(a), G.S., when they considered at the special meeting business that was not specified on the agenda.

8. With respect to the allegation described in paragraph 2b., above, it is found that the complainant, by letter dated November 13, 1995, requested that the respondents provide her with access to a copy of the entire summer playground records, (hereinafter “requested records”).

9. It is found that the respondents maintain the requested records and have failed to provide the complainant with a copy of such records.

10. It is found that the requested records are public records within the meaning of §§1-18a(d) and 1-19(a), G.S.

11. It is concluded that the respondents violated §§1-15 and 1-19(a), G.S., by failing to provide the complainant with a copy of the requested records.

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

1. The respondents shall forthwith provide the complainant with a copy of the requested records, free of charge, as more fully described in paragraph 8 of the findings, above.

2. Henceforth, the respondents shall strictly comply with the provisions of §§1-15, 1-19(a) and 1-21(a), G.S.

Docket #FIC 1995-404 Page 3

Approved by Order of the Freedom of Information Commission at its regular meeting of October 9, 1996.

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

Docket # FIC 1995-404 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:

Lorraine Tirella

11 Larkey Road

Oxford, CT 06478

Chairman< Oxford Parks and Recreation Commission

Town Hall

486 Oxford Road