FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Lynne Royce, Edward Frede
and The Danbury News-Times,
Complainants
against Docket
#FIC 87-211
Board of Education of the
City of Danbury,
Respondent January
13, 1988
The above-captioned matter was heard as a contested case
on September 8, 1987, at which time the complainants 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. The
respondent held a special meeting on July 9, 1987, to interview candidates and
select an "interim board member" to fill a vacancy left by the death
of one of its members. At such meeting
the respondent interviewed five candidates in public session, then convened in
executive session for approximately ten minutes to discuss the candidates,
following which it reconvened in public session and voted to fill the vacancy.
3. The
members of the respondent are elected pursuant to local charter and §9-203,
G.S., et seq. Section
10-219, G.S. provides that vacancies occurring in the office of any member of a
local board of education shall be filled by the remaining members of the board
until the next regular town election.
4. By letter
of complaint filed with the Commission on July 30, 1987, the complainants
alleged that the respondent's July 9, 1987, executive session to discuss
candidates for an elective position violated the Freedom of Information Act. The complainants requested orders declaring
null and void the respondent's action on the vacancy and requiring the
respondent to conduct a public discussion of the matters discussed in the July
9, 1987, executive session.
Docket #FIC 87-211 Page
Two
5. At
hearing the complainants requested the imposition of a civil penalty against
the respondent on the ground that on June 1, 1987 the complainants had filed a
complaint with the Commission, docketed as FIC #87-160, alleging that the
respondent improperly interviewed interim board member candidates in executive
session. A hearing on such complaint
was held on July 13, 1987 and a Report of Hearing Officer was issued on August
12, 1987.
6. The
respondent claims that the executive session was properly convened to discuss
the appointment of a public officer or employee within the meaning of
§1-18a(e)(1), G.S. and that a civil penalty is not appropriate because the
actions of the respondent comported with the plain wording of such statute and
because on July 9, 1987, there had been no determination by the Commission of
the validity of the complaint in FIC #87-160.
7. It is
found that the respondent's July 9, 1987, executive session was not held to
discuss the appointment of a public officer or employee within the meaning of
§1-18a(e)(1), G.S. Rather, it was held
to discuss the filling of a vacancy in the respondent's membership, which,
under ordinary circumstances, is an elective office.
8. It is
further found that the filling of a vacancy on a board whose membership is
elected is not a proper purpose for an executive session within the meaning of
§1-18a(e)(1)-(5), G.S.
9. It is
concluded that the respondent violated §§1-18a(e) and 1-21(a), G.S. when, on
July 9, 1987, it convened in executive session to discuss candidates for the
position of interim board member.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. The
respondent, within two weeks of the Final Decision in this matter, shall
schedule a special meeting at which it shall provide a public forum for
questions concerning the five candidates for the position of interim board
member, and for a discussion of the process by which the respondent reached its
decision on the filling of the vacancy.
2. The
respondent henceforth shall convene in executive session only for one or more
of the proper purposes listed at §1-18a(e), G.S.
Docket #FIC 87-211 Page
Three
3. The
Commission declines to declare the respondent's July 9, 1987 action null and
void or to impose a civil penalty against the respondent.
Approved by order of the Freedom of Information Commission
at its regular meeting of January 13, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission