FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                Final Decision

 

Sean P. McNamee,

 

                        Complainant

 

            against                                                                          Docket #FIC 1996-096

 

Town Council, Town of Wallingford and

Town of Wallingford,

 

                        Respondents                                                     October 16, 1996

 

            The above-captioned matter was heard as a contested case on July 18, 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 March 14, 1996 and filed on March 18, 1996, the complainant appealed to the Commission alleging that the respondent town council violated the Freedom of Information (“FOI”) Act by holding an unnoticed meeting prior to a March 4, 1996 town of Wallingford Planning and Zoning (“P&Z”) commission meeting.

 

3.         It is found that the P&Z commission held a special meeting on March 4, 1996 (hereinafter “March 4, 1996 meeting”).

 

4.         It is found that prior to the March 4, 1996 meeting, a member of the respondent town council, Gerald Farrell Jr., had discussions with the other eight members of the respondent town council to ascertain their positions on the Shaw supermarket application (hereinafter “Shaw application”) pending before the P&Z commission.

 

5.         It is found that during the discussions, as described in paragraph 4, above, Farrell ascertained that seven of the eight members with whom he spoke supported his position regarding the Shaw application.

 

 

Docket #FIC 1996-096                                                                                               Page 2

 

 

6.         It is found that Farrell attended the March 4, 1996 P&Z commission meeting and at that time informed such commission that he was there on behalf of the majority of the respondent town council.  Farrell further informed the P&Z commission of the majority’s position and concerns with respect to approval of the Shaw application, as ascertained during the discussions, described in paragraph 4, above.

 

7.         Section 1-18a(b), G.S., defines “meeting” as:

 

any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public agency, and any communication by or to a quorum, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power. [Emphases added.]

 

8.         It is found that the discussions, described in paragraph 4, above, constitute both proceedings of the respondent town council and in person and telephonic communication by or to a quorum of the respondent town council members, within the meaning of §1-18a(b), G.S.

 

9.         It is further found that the respondent town council exercised advisory power, within the meaning of §1-18a(b), G.S., with respect to the Shaw application.

 

10.       It is therefore, concluded that the respondent town council violated §1-21(a), G.S., by conducting a meeting without complying with the requirements 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 respondent town council shall forthwith prepare and file minutes in accordance with the requirements of the FOI Act, which set forth its proceedings and votes with respect to the discussions described in paragraph 4 of the findings, above.

 

2.         Henceforth, the respondent town council shall strictly comply with the provisions of §1-21(a), G.S.

 

 

 

Docket #FIC 1996-096                                                                                               Page 3

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 16, 1996.

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

Acting Clerk of the Commission

Docket # FIC 1996-096                                                                                              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:

 

Sean P. McNamee

132 Grove Street Ext.

Wallingford, CT 06492

 

 

Town Council, Town of Wallingford; and Town of Wallingford

c/o  Adam Mantzaris, Esq.

45 South Main Street

Wallingford, CT 06492

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission