FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Arnold J. Kaye,
Complainant
against Docket #FIC 90-251
First Selectman, Town of Westport,
Respondent October 10, 1990
The
above-captioned matter was heard as a contested case on August 27, 1990, at
which time the complainant and the respondent appeared 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 respondent is a public agency within the
meaning of 1-18a(a), G.S.
2. By letter filed with this Commission on July
5, 1990, the complainant alleged that on June 6, 1990 the respondent conducted
at least two unnoticed, secret meetings to which the complainant was denied
admission. The complainant also alleged
that he was arrested and charged with criminal trespass in the first degree as
a result of his attempt to enter a 3:00 p.m. meeting on that date.
3. It is found that the first selectman
sometimes functions as the de facto town manager and chief executive officer of
the municipality in a capacity separate and distinct from his capacity as a
member of the board of selectmen.
4. It is found that on June 6, 1990, the
respondent conducted meetings at 2:00 p.m. and after 3:00 p.m. in his capacity
as de facto town manager.
5. It is further found that the respondent made
no report to the board of selectmen concerning the matters discussed at the
2:00 meeting (project review/status report on elderly housing project) or the
3:00 meeting (preparation session for presentation of the respondent's position
on an application scheduled for an upcoming board of finance meeting); nor did
the board of selectmen have any input into those matters discussed.
6. It is concluded that the respondent is a
single-member public agency under the facts of this case.
Docket #FIC 90-251 Page 2
7. It is found that attendees at the
respondent's 2:00 p.m. meeting included: a representative of the New Samaritan
Corporation, a private elderly housing renovation company; the executive
assistant to the respondent; the deputy director of public works; the director
of planning and zoning; the director of human services; and the coordinator for
senior services.
8. It is found that with the exception of the
New Samaritan Corporation representative, the first selectman has the following
powers over the attendees identified in paragraph 7, above: to appoint them to
their positions, to establish their salaries, and to dismiss them from their
positions.
9. It is found that the attendees at the
respondent's 3:00 p.m. meeting included the deputy director of public works,
the director of parks and recreation, and a member of the conservation
commission, all of whom report to the respondent.
10. It is also found that no quorum of any
multi-member public agency was present at the respondent's 2:00 p.m. meeting or
at the 3:00 p.m. meeting.
11. It is concluded that the respondent's 2:00
p.m. meeting constituted an administrative meeting of a single-member public
agency.
12. It is concluded that the respondent's 3:00
p.m. meeting constituted a staff meeting of a single-member public agency.
13. It is concluded that the gatherings in
question are exempted from the open meetings provisions of 1-21, G.S. by
1-18a(b), G.S., which provides that the term "meeting" shall not
include "an administrative or staff meeting of a single-member public
agency."
The
following order by the Commission is hereby recommended on the basis of the
record concerning the above-captioned complaint.
1. The complaint is hereby dismissed.
Approved by order of the Freedom of Information
Commission at its regular meeting of October 10, 1990.
Tina
C. Frappier
Acting
Clerk of the Commission
Docket #FIC 90-251 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:
ARNOLD J. KAYE
c/o Joseph F. McKeon, Jr., Esquire
1200 Post Road East
Westport, CT 06880
FIRST SELECTMAN, TOWN OF WESTPORT
c/o John A. Brunjes, Esq.
Assistant Town Attorney
110 Myrtle Avenue
Westport, CT 06880
Tina
C. Frappier
Acting
Clerk of the Commission