FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Bernard Lavey and Hamden
Taxpayers Association,
Complainants,
against Docket
#FIC 87-374
Hamden Legislative Council,
Respondent Arpil
13, 1988
The above-captioned matter was heard as a contested case
on January 28, 1988, 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. By letter
dated December 10, 1987, and filed with the Commission on December 16, 1987,
the complainants appealed to the Commission, alleging that during a recess in
the respondent's meeting of December 7, 1987, the respondent's Democrats held a
caucus with a non-member present. The
complainants requested that any votes taken after that recess be declared null
and void.
3. The respondent
claims that its Democrats did not hold a caucus during the recess. At the hearing the respondent requested the
imposition of a civil penalty against the complainants for bringing a frivolous
complaint.
4. At the hearing
councilmen Gagliardi and Moan testified that the Democrats did not initiate
their usual procedure for calling a caucus and that a quorum of the Democrats
never conferred during the recess.
5. It is found
that the respondent met its burden of proving that there was no convening or
assembly of the council's Democrats during the recess.
6. It is
concluded, therefore, that no caucus, as defined by §1-18a(b), G.S., occurred
and that the respondent did not violate §1-21(a), G.S.
Docket #FIC 87-374 Page
Two
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.
2. Nonetheless,
the Commission is concerned about certain practices of the respondent council
that were not the subject of this complaint but became known to the Commission
during the evidentiary hearing. The
Commission reminds the respondent that each public forum it holds before a
meeting is a proceeding of the agency and constitutes a meeting that requires
notice, an agenda and minutes.
3. The Commission
declines to impose a civil penalty against the complainants.
4. The Commission
declines to declare null and void that portion of the respondent's December 7,
1987, special meeting occurring after the recess.
Approved by order of the Freedom of Information
Commission at its regular meeting of April 13, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission