FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Carl LaBianca,
Complainant
against Docket #FIC 87-150
William Collins,
William Holland, Michael Wieloszynski and Board of Police Commissioners of the City of Norwalk
Respondents April 13, 1988
The above-captioned matter was
scheduled for hearing June 30, 1987 at which time the parties appeared and
presented evidence and argument on the complaint. It was consolidated with #FIC 87-137 because of the similarity of
the issues at the request of the parties.
After consideration of the entire
record, the following facts are found:
1.
The respondents are public agencies within the meaning of 1-18a(a),
G.S.
2.
By letter of complaint filed with the Commission on May 18, 1987, the
complainant alleged that the respondents violated the Freedom of Information
Act on May 4, 1987 when it considered items not on the agenda, discussed his
job performance at an executive session without notifying him, and permitted a
person to attend that executive session in violation of 1-21g, G.S.
3.
The respondents claimed that the executive session was not held pursuant
to 1-18a(e)(1), G.S., but rather pursuant to 1-18a(e)(5), G.S.
4.
It is found that the last item of the agenda was listed as
"executive session."
5.
It is found that the requirement of 1-21, G.S., for an agenda is a
notice requirement and that the description of part of a meeting as
"executive session" only, is insufficient to satisfy the notice
requirement for an agenda.
Docket #FIC
87-150 page 2
6.
It is found that the executive session was held to consider a letter
written by the city attorney concerning how a job evaluation for the chief of
police could be held in a manner which conformed with the Freedom of
Information Laws.
7.
It is found that the executive session was not held for the purpose of
evaluating the chief, and that therefore, it was not necessary to notify him in
advance of the executive session.
8.
It is found that the labor attorney who was present at the executive
session made contributions to the discussion throughout the executive session
in accordance with 1-21g, G.S.
9.
It is therefore concluded that 1-21g, G.S., was not violated by the
presence of a labor attorney because his opinion was necessary for the
discussion which was being conducted.
10. Both parties requested that
civil penalties be imposed in this matter.
11. It is found under the facts of
this case that it is not appropriate to impose civil penalties on either party.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1.
The respondents shall henceforth comply with the agenda requirements of
1-21, G.S.
2. The portion of the complaint
which alleges violations of 1-21g and 1-18a(e)(1), G.S., is
dismissed.
Approved by order of the Freedom of
Information Commission at its regular meeting of April 13, 1988.
ÿ
Catherine H.
Lynch
Acting Clerk of the Commission