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