FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Wanda L. Franek,
Complainant
against Docket #FIC 86-303
East Hartford
Emergency Medical Commission,
Respondent January 28, 1987
The above-captioned matter was heard
as a contested case on December 1, 1986, at which time the complainant and the
respondent appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint.
After consideration of the entire
record, the following facts are found:
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2.
By letter of complaint filed with the Commission on November 4, 1986 the
complainant alleged that the respondent violated the Freedom of Information Act
by holding a meeting on October 27, 1986 without the proper notice or agenda.
3.
Specifically, the complainant claims that four of the nine commission
members attended a meeting in Mayor McNulty's office without the proper notice
or agenda as required by 1-21(a), G.S.
4.
It is found that on October 27, 1986 members of various municipal
agencies attended a presentation made by two ambulance services in the office
of Mayor Robert McNulty.
5.
It is found that the respondent is composed of nine members and that
five members constitute a quorum.
6.
It is further found that George Dayton, Thomas Dawson, Marylee Hickey
and Henry Genga, all members of the respondent, attended the presentation in
question.
Docket #FIC
86-303
Page 2
7.
The respondent claims, however, that because there was not a quorum of
its members at the presentation, this gathering did not constitute a meeting
within the meaning of 1-18a(b), G.S.
8.
It is found that the absence of a quorum does not determine whether the
gathering in question was a meeting within the meaning of 1-18a(b), G.S.
9.
It is further found that the gathering was a proceeding of a public
agency to discuss or act upon a matter over which it has supervision, control,
jurisdiction or advisory power.
10.
It is found that the respondent failed to prove that the attendance of
the four members did not constitute a meeting within the meaning of
1-18a(b), G.S.
11.
It is therefore concluded that the meeting in question was held in
violation of the notice provisions of 1-21(a), G.S.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1.
The respondent shall henceforth comply with the requirements of
1-21(a), G.S.
2.
Prior to taking any action concerning the two ambulance services
identified in paragraph 4 of the findings, above, the respondent shall ask both
companies to make this presentation a second time, before the East Hartford
Emergency Medical Commission.
3.
Nothing herein shall be read to imply bad faith on the part of the
respondent.
Approved by order of the Freedom of
Information Commission at its regular meeting of January 28, 1987.
ÿ
Catherine I.
Hostetter
Acting Clerk of the Commission