FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
William H. Watson and The
Meriden Record Co.,
Complainants,
against Docket
#FIC 87-285
Chairman, Wallingford Board
of Education and Wallingford Board of Education,
Respondents March
29, 1988
The above-captioned matter was heard as a contested case
on December 17, 1987, at which time the complainants and the respondents
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
respondents are public agencies within the meaning of §1-18a(a), G.S.
2. By letter
dated September 29, 1987, and filed with the Commission on October 2, 1987, the
complainants appealed to the Commission, alleging the respondents illegally
voted in executive session during their regular meeting of September 28, 1987.
3. The
respondents claim that at the executive session in question they came to a
consensus and did not vote.
4. It is found
that at a meeting held one half hour before its regular meeting of September
28, 1987, the respondent board voted to go into executive session.
5. It is found
that the earlier meeting was a special meeting, but was not noticed properly as
such.
6. It is found
that at the special meeting the respondent board of education convened in
executive session to discuss the performance of soccer coach Joseph Goral.
7. It is found
that nowhere on the joint agenda used for both the special and regular meetings
is this item listed.
Docket #FIC 87-285 Page
Two
8. It is
concluded that the respondent board violated §1-21(a), G.S., by convening a
special meeting without proper notice and by taking up an item in a special
meeting that was not listed anywhere on the agenda.
9. It is found
that the reason for the executive session was publicly stated as
"personnel matters."
10. It is found
that this statement was too vague to communicate to the public the actual
reason for the executive session.
11. It is
concluded that the respondent board further violated §1-21(a), G.S., by not
stating publicly the reason for the executive session in a way that clearly
communicated it to the public.
12. It is found
that several people who were not members of the respondent board of education
were present throughout the executive session.
13. It is
concluded that to the extent the presence of these non-members was not
necessary to present testimony or opinion, the respondent board violated
§1-21g(a), G.S.
14. It is found
that during the executive session the Lyman Hall High School principal informed
the respondent board of his previous and planned actions regarding the coach
and asked for the board's opinion of his actions.
15. It is found
that the respondent board has a long-standing practice of going around the
table and allowing each member to have a turn to speak, so that a few members
cannot monopolize the conversation and every member's opinion receives full
consideration.
16. It is found
that during the executive session in question the respondent board continued
this practice and allowed each member to give an opinion of the principal's
actions.
17. It is
concluded that the respondent board did not vote in the executive session and
by ensuring each member a chance to voice an opinion did not violate any
provisions of the Freedom of Information Act.
Docket #FIC 87-285 Page
Three
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 as to the respondent chairman individually.
2. The respondent
board henceforth shall act in strict compliance with §§ 1-21(a) and 1-21g(a), G.S.
3. The respondent
board shall schedule a workshop for its members and staff on the requirements
of the Freedom of Information Act. The
respondent board shall make the necessary arrangements with the Commission's
staff so that the workshop shall be held no later than 60 days from the mailing
of the notice of final decision in this case.
Approved by order of the Freedom of Information
Commission at its regular meeting of March 23, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission