FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final
Decision
Andrea Huntley,
Complainant,
against Docket
#FIC 1996-066
Robert Johnson; Robert Bascom; John
O’Hara; Mike Timbro; Richard Erikson;
Patrick DiNatale; Henry Robinson and
Durham Middlefield Interlocal Agreement
Advisory Board,
Respondents, October
9, 1996
The
above-captioned matter was heard as a contested case on June 21, 1996, at which
time the complainant and the respondents appeared, stipulated to certain facts
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 dated February
28, 1996 and filed on February 29, 1996, the complainant appealed to the
Commission alleging that the respondents violated the Freedom of Information
(“FOI”) Act by failing to properly notify the public of the cancellation of the
budget workshop scheduled for February 8, 1996 at 6:30 p.m. The complainant requested that the
Commission impose civil penalties upon the respondents.
3. It is found that the respondents filed
notice with the town clerk of a budget workshop to be held on February 8, 1996
at 6:30 p.m. in the town hall.
4. It is found the complainant showed up
at town hall on February 8, 1996 for the workshop, however, the respondents did
not, due to poor weather conditions and the lack of a quorum.
5. It is found that nothing in the FOI Act
requires the posting of a cancellation of meeting notice.
Docket #FIC 1996-066 Page
2
6. It is therefore concluded that the
respondents did not violate any provisions of the FOI Act.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The complaint is dismissed.
2. The Commission suggests to the
respondents that in keeping with the spirit and intent of the FOI law, in the
future, as a courtesy to members of the public, a notice of cancellation be
placed on the door of the planned meeting location.
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 1996-066 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:
Andrea Huntley
39 Kickapoo Road
Middlefield, CT 06455
Durham Middlefield Interlocal Agreement Advisory
Board
c/o
Vincent T. McManus, Jr., Esq.
116 South Main Street
Wallingford, CT 06492
Robert Johnson, Chairman
Durham Middlefield Interlocal Agreement Advisory
Board
Peter’s Lane
Middlefield, CT 06455
Robert Bascom
Orchard Lane
Middlefield, CT 06455
John O’Hara
Lyman Road
Middlefield, CT 06455
Mike Timbro
Janet Drive
Middlefield, CT 06455
Richard Eriksen
Haddam Quarter Road
Durham, CT 06422
Docket # FIC 1996-033 Page
4
Patrick DiNatale
PO Box
38
Durham, CT 06422
Henry Robinson
Haddam Quarter Road
Durham, CT 06422
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission