Godaire v. Freedom of Information Commission
The 45-day service requirement established by Connecticut General Statutes §4-183(c) is jurisdictional in nature and cannot be waived or circumvented for any reason. The trial court dismissed the administrative appeal of Raymond Godaire from a final decision of the Freedom of Information Commission for lack of subject matter jurisdiction due to the plaintiff's failure to serve the commission with a copy of his administrative appeal within 45 days of the mailing of the final decision therein complained of, as required by C.G.S. §4-183(c). The plaintiff appealed challenging the decision. The Appellate Court affirmed the judgment. The plaintiff conceded that he did not serve the commission with his administrative appeal until 53 days after the final decision was mailed to him. He claimed, however, that the late service resulted from misinformation he received from a court clerk as to how he was required to serve his appeal. The Appellate Court concluded that his late appeal could not be saved from dismissal under the doctrine of equitable tolling because the 45-day service requirement established by C.G.S. §4-183(c) is jurisdictional in nature and cannot be waived or circumvented for any reason.