Final Decision FIC2013-159
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In the Matter of a Complaint by |
FINAL DECISION | |
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David Godbout,
Complainant |
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against
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Docket #FIC 2013-159 | |
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State of Connecticut, Bipartisan Task
Force on Gun Violence Prevention and Children’s Safety, Connecticut General Assembly, Respondents |
February 26, 2014 |
The above-captioned matter was heard as a contested case on February 4, 2014, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. For purposes of hearing, the above-captioned matter was consolidated with Docket #FIC 2013-160; David Godbout v. State of Connecticut, Bipartisan Task Force on Gun Violence Prevention and Children’s Safety, Connecticut General Assembly.
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 §1-200(1), G.S.
2. By letter filed March 18, 2013, the complainant appealed to this Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by conducting a meeting on February 25, 2013 that was not properly noticed pursuant to the Act’s requirements.
3. Section 1-225, G.S., provides in relevant part:
(b) … Any other provision of the Freedom of Information Act notwithstanding, the General Assembly at the commencement of each regular session in the odd-numbered years, shall adopt, as part of its joint rules, rules to provide notice to the public of its regular, special, emergency or interim committee meetings…
(c) The agenda of the regular meetings of every public agency, except for the General Assembly, shall be available to the public…
(d) Notice of each special meeting of every public agency, except for the General Assembly, either house thereof or any committee thereof, shall be posted not less than twenty-four hours before the meeting to which such notice refers on the public agency's Internet web site, if available […]
4. It is concluded that §1-225, G.S., expressly accepts the General Assembly from the statute’s notice of meetings requirements.
5. It is found that the respondent is a task force of the General Assembly.
6. It is concluded that §1-225, G.S., does not require the respondent to comply with the statute’s notice of meetings requirements.
7. It is concluded that the respondent did not violate the FOI Act as alleged.
8. The complainant’s Motion to Amend the Complaint, dated January 23, 2014, to add allegations of lack of notice for other meetings in January, February, and March of 2013, is hereby denied for the reasons stated above.
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.
1. The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of February 26, 2014.
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Cynthia A. Cannata
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.
Cynthia A. Cannata
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:
David Godbout
15 Cardinal Road
East Lyme, CT 06333
15 Cardinal Road
East Lyme, CT 06333
State of Connecticut, Bipartisan Task Force on Gun
Violence Prevention and Children’s Safety,
Connecticut General Assembly
c/o Philip Miller, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
55 Elm Street
Hartford, CT 06106
Violence Prevention and Children’s Safety,
Connecticut General Assembly
c/o Philip Miller, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
55 Elm Street
Hartford, CT 06106
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
Cynthia A. Cannata
Acting Clerk of the Commission
FIC/2013-159/FD/cac/2/26/2014