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