FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In
The Matter of a Complaint by Final
Decision
Lorraine
Tirella,
Complainant
against Docket
#FIC 1996-028
Chairman,
Parks and Recreation Commission,
Town
of Oxford and Parks and Recreation
Commission,
Town of Oxford,
Respondents August
14, 1996
The above-captioned matter was heard
as a contested case on June 6, 1996, at which time the respondents failed to
appear but the complainant 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 January 29, 1996, the complainant
alleged that the respondents violated the provisions of the Freedom of
Information Act by considering matters not listed on the special meeting agenda
of January 17, 1996 and by conducting a secret or unnoticed meeting on
September 5, 1995.
3. It is
found that the respondents conducted a special meeting on January 17, 1996.
4. It is
also found that at the January 17, 1996 meeting, the respondents voted on a
budget although no such item was listed on the notice for special meeting for
that date.
5. Section
1-21(a), G.S., does not technically require an agency to create an agenda for
its special meetings. However, §1-21(a), G.S., does require
that a notice of special meeting contain the time, place and business to be
transacted, which notice serves as the agenda for such meeting.
6. Section
1-21(a), G.S., further provides that no business other than that specified in
the agency’s notice of special meeting shall be considered at such meeting.
7. It is
concluded that the respondents violated the provisions of §1-21(a), G.S., by
transacting business not listed on the notice of special meeting for January
17, 1996.
8. With
respect to the complainant’s claim concerning the September 5, 1995 meeting, it
is found that on September 6, 1995, the respondents filed minutes with the town
clerk stating that the meeting of September 5, 1995 was canceled due to lack of
a quorum.
9. It is
also found, however, that at the respondent commission’s meeting of December 5,
1995, the respondents voted to amend the minutes of September 5, 1995 to
indicate that a motion in fact had been made on that date.
10. 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.
11. The
complainant claims that until the respondents’ December 5, 1995 minutes were
adopted as final on January 17, 1996, she was unaware that the respondents had
indeed conducted business at a meeting on September 5, 1995 and accordingly
argues that she has thirty days from January 17, 1996 to file a complaint with
this Commission concerning the respondents’ September 5, 1995 meeting.
12. It is
found that the record in this case is devoid of any evidence that the
respondents’ meeting of September 5, 1995 was secret or unnoticed within the
meaning of §1-21i(b)(1), G.S. This Commission also notes that the
complaint in this matter was filed well past thirty days from either September
5, 1995 or December 5, 1995.
Accordingly this Commission lacks subject matter jurisdiction to
consider issues related to the September 5, 1995 meeting.
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.
Any
and all actions taken by the respondents at the January 17, 1996 meeting are hereby
declared null and void.
3.
That portion of the complaint concerning the respondents’ meeting of
September 5, 1995 is hereby dismissed.
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:
Lorraine Tirella
11 Larkey Road
Oxford, CT 06478
Chairman
Parks and Recreation Commission
Town of Oxford
482 Oxford Road
Oxford, CT 06478
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC1996-028,FD