FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Nicholas B. Wynnick,
Complainant
against Docket
#FIC 87-298
Thelma Komisar, Charlotte Buckley, Michael Dalton, Elizabeth Dearborn,
Edward McGoe, Mary Menna, Madeline Sobin, Dorothy Dudchik and Ansonia Library
Board of Directors,
Respondents March
29, 1988
The above-captioned
matter was heard as a contested case on November 19, 1987, at which time the
complainant appeared and presented testimony, exhibits and argument on the
complaint, but the respondents failed to appear.
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 dated October 10,
1987, received and filed with the Commission on October 13, 1987, the
complainant alleged the following violations concerning the respondents'
September 14, 1987 meeting:
a. The
respondents convened in executive session for the stated purpose of discussing
personnel vacancies;
b. The
minutes of the respondents' meeting do not reflect the time that they convened
in executive session nor the persons in attendance;
c. The
minutes of the respondents' meeting do not reflect that a vote was taken to
reconvene in public session;
Docket #FIC 87-298 Page 2
d. The
minutes do not indicate that a vote was taken to deviate from the agenda;
e. The
agenda of the respondents' meeting was "merely a format of an agenda"
and did not apprise the public of the business to be transacted; and
f. The
meeting was not held at the time specified in the schedule of regular meetings
filed with the town clerk.
3. The complainant requested the imposition of
a civil penalty against the respondents.
4. With respect to paragraph 2a, above, it is
found that during their September 14, 1987 meeting the respondents convened in
executive session for the stated purpose of discussing "personnel
vacancies and changes."
5. It is concluded that the respondents did not
convene in executive session at the meeting in question for a permissible
purpose within the meaning of §1-18a(e)(1), G.S.
6. With respect to paragraph 2b, above, it is
concluded that the respondents violated §1-21g(a), G.S., by failing to record
the names of the persons in attendance at the executive session in question.
7. With respect to paragraph 2c, above, it is
concluded that a vote to reconvene in public session, once an executive session
has been concluded, is not required by any provision under the Freedom of
Information Act.
8. With respect to paragraph 2d, above, it is
concluded that the respondents did not violate any provision of the Freedom of
Information Act by discussing agenda items out of sequence, nor did they
violate the Act by not listing the executive session in their agenda.
9. With respect to paragraph 2e, above, it is
concluded that the respondents' agenda fairly apprised the public of the
business to be transacted at the meeting in question.
10. With respect to paragraph 2f, above, it is
concluded that the respondents violated §1-21(a), G.S., when they called the
meeting in question to order at 7:07 p.m., when the schedule of regular
meetings filed pursuant to §1-21(a), G.S., states that their regular meetings
will convene at 7:30 p.m.
Docket #FIC 87-298 Page 3
11. The Commission declines to impose a civil
penalty against the respondents as requested by the complainant.
The following order by
the Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. Henceforth, the respondents shall, before
convening in executive session, accurately state the purpose for such session
and record such purpose and the names of the persons in attendance at such
session in their minutes, as required by §1-21g(a), G.S.
2. Henceforth, the respondents shall convene
their regular meetings in accordance with the date, time and place specified in
the schedule of regular meetings filed with the town clerk.
3. The Commission notes that future failure to
comply with the Freedom of Information Act will subject the respondents to the
possible imposition of civil penalties of up to $1,000.
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