FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Charles J. Hess,
Complainant,
against Docket
#FIC 87-351
Stratford Board of Zoning
Appeals,
Respondent March
29, 1988
The above-captioned matter was heard as a contested case
on January 12, 1988, 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
dated November 30, 1987, and filed with the Commission on December 1, 1987, the
complainant appealed to the Commission, alleging that at the respondent's
public hearing of November 4, 1987:
a. the public was not allowed to speak,
b. and members of the public were denied the
right to attend the meeting because the chairperson ordered those standing in
the meeting room and adjacent halls to leave and many did before the respondent
made the decision to move the meeting to a larger space in a nearby school
auditorium.
3. At the hearing
the complainant also requested that the respondent's meeting be declared null
and void.
4. The respondent
claims that during the meeting no one was told to go home, merely to clear the
meeting room's aisles, doorways and adjacent hallways. The respondent also claims that the
complaint is frivolous.
5. At the
hearing, the hearing officer declined to take evidence on the allegations about
the public not being allowed
Docket # FIC 87-351 Page
Two
to speak, finding no
requirement for allowing the public to speak in the Freedom of Information Act.
6. It is found
that the respondent usually holds its meetings, including public hearings, in
the council chambers in the Stratford town hall.
7. It is found
that when the respondent's chairman called the meeting in question to order,
people filled the council chambers to overflowing and stood in the aisles,
doorways and adjacent hallways.
8. It is found
that right after the chairman opened the meeting, before he finished
introducing the first item of business, the Stratford fire marshal informed the
chairman that the room was unsafe.
9. It is further
found that the chairman told the public that the respondent could not conduct
the meeting under those circumstances, that the nearby school auditorium was
unavailable, and that those crowding the sides of the room and the hallway
would have to leave or the meeting could not go forward.
10. It is found
that, although many members of the public stayed until it was learned that the
school auditorium would become available, some members of the public did leave
the meeting in response to the chairman's statements.
11. It is found
that the meeting began at 7:30 p.m. as scheduled, and that the chairman
announced at 7:47 p.m. that the respondent would recess then and reconvene in
the school auditorium at 8:20 p.m.
12. It is found
that the meeting did reconvene at the new location at 8:20 p.m., attended by
many members of the public.
13. Nonetheless,
it is concluded that those members of the public who left when told to do so
were denied the right to attend a public meeting, in violation of §1-21(a),
G.S.
14. It is found,
therefore, that the complaint was not frivolous.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
Docket #FIC 87-351 Page
Three
1. The respondent
henceforth shall act in strict compliance with §§1-21(a), G.S.
2. The respondent
shall schedule a workshop for its members and staff on the requirements of the
Freedom of Information Act. The
respondent 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.
The Commission reminds the respondent that its workshop will constitute
a public meeting to which all are welcome.
3. The Commission
hereby declares null and void all actions concerning the Barges and Clemente
appeals against the zoning enforcement officer taken at the respondent's
meeting of November 4, 1987.
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