FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In The Matter of a
Complaint by Final
Decision
Dick Goduti,
Complainant
against Docket #FIC
1996-027
Board of Selectmen,
Town of Old Saybrook,
Respondent August
14, 1996
The
above-captioned matter was heard as a contested case on May 23, 1996, 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 January 25, 1996, the complainant alleged that the respondent
violated the provisions of the Freedom of Information Act by considering
business at its special meeting of November 29, 1995 that was not specified in
its special meeting agenda.
3. It is found that the respondent conducted a
special meeting on November 29, 1995, which meeting was duly noticed on
November 28, 1995.
4. At the hearing into this matter, the
complainant claimed that this Commission has subject matter jurisdiction over
his appeal because he filed his complaint within thirty days of discovering
that an agenda item was changed for the special meeting at issue.
5. Section 1-21i(b)(1),G.S. states in pertinent
part:
A
notice of appeal shall be filed within thirty days
after
such denial, except in the case of an unnoticed
or
secret meeting, in which case the appeal shall
be
filed within thirty days after the person filing
the
appeal receives notice in fact that such meeting
was
held.
6. It is found that the meeting at issue was
not secret or unnoticed within the meaning of §1-21i(b)(1),
G.S
7. It is therefore concluded that because the
complainant failed to file the complaint in this matter within thirty days of
the violation alleged, this Commission lacks subject matter jurisdiction
pursuant to §1-21i(b)(1),
G.S., to hear this complaint.
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 for lack of jurisdiction.
Approved by Order of the Freedom of
Information Commission at its regular meeting of August 14, 1996.
Elizabeth A. Leifert
Acting Clerk of the Commission
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:
Dick Goduti
3 Gregory Place
Old Saybrook, CT 06475-2031
Board of Selectmen
Town of Old Saybrook
302 Main Street
Old Saybrook, CT 06475
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC1996-027,FD