FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                Final Decision

 

Roger O’Toole,

 

                        Complainant

 

            against                                                                          Docket #FIC 1996-097

 

Board of Selectmen, Town of Oxford,

 

                        Respondent                                                      October 9, 1996

 

            The above-captioned matter was heard as a contested case on July 17, 1996, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The parties also stipulated that the record in contested case docket #FIC 1996-059, Lorraine Tirella v. First Selectman, Town of Oxford; Board of Selectmen, Town of Oxford; and Town Attorney, Town of Oxford, (hereinafter “FIC 1996-059”), can be used to determine the issues raised in this complaint.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.         The commission takes administrative notice of the record and decision in docket #FIC 1996-059.

 

2.         The respondent is a public agency within the meaning of §1-18a(a), G.S.

 

3.         By letter of complaint dated March 15, 1996 and filed with the Commission on March 20, 1996, the complainant appealed alleging that the respondent violated the Freedom of Information (“FOI”) Act by:

 

a.  failing to provide at least twenty-four hours notice of the respondent board’s special meeting held on February 21, 1996;

 

b.  discussing unnoticed business at the meeting, described in a) above; and

 

 

Docket #FIC 1996-097                                                                                   Page 2

 

 

c.  convening in executive session at the meeting, described in a) above, without notice of such executive session.

 

4.         It is found that the allegations in this complaint have been addressed in the Hearing Officer’s Report of docket # FIC 1996-059.

 

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.

 

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 1996-097                                                                                              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:

 

Roger O’Toole

One Sherman Court

Oxford, CT 06478

 

 

Board of Selectmen, Town of Oxford

c/o Kate Cosgrove

First Selectman

468 Oxford Road

Oxford, CT 06478

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission