FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Gail Regula,
Complainant
against Docket
#FIC 88-80
Acting Chairman Alyce Samuelson of the Ansonia Board of Apportionment
and Taxation and Ansonia Board of Apportionment and Taxation,
Respondents June
8, 1988
The above-captioned
matter was heard as a contested case on April 19, 1988, at which time the
complainant 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 of complaint filed with the
Commission on March 4, 1988 the complainant alleged that the respondent acting
chairman attempted to close the respondent board's February 29, 1988 meeting to
the public, and that the facility where the meeting was held was not
sufficiently large to allow all interested members of the public to attend, in
violation of the Freedom of Information Act.
3. It is found that on February 29, 1988 the
respondent board held a meeting "to make further alterations in the
estimates, appropriations and tax rates and to make appropriations and lay
taxes for all City purposes and to fix the time when any tax laid shall become
payable."
4. It is found that the meeting in question was
called to order by the respondent acting chairman in the Front Room of the town
hall. However, due to the number of
people in attendance, the respondent board recessed and adjourned to a larger
room.
Docket #FIC 88-80 Page 2
5. It is found that upon reconvening the
meeting, members of the audience requested to be heard prior to the respondent
board's taking any action on the proposed budget. At that point, the respondent acting chairman informed members of
the public that the meeting was not a public hearing, and consequently the
respondent board was under no obligation to entertain questions from the
audience or to allow any audience participation.
6. It is found, however, that a motion was made
and carried by the respondent board to allow members of the public to ask
questions and make comments concerning the proposed budget for the fiscal year.
7. It is further found that during this portion
of the meeting individuals became disruptive and began shouting at the
respondents. The respondent board again
recessed to calm its members and to restore order so that business could be
conducted.
8. It is found that once the respondent board
reconvened, it began to vote on line items of the budget. Once the voting began, members of the public
descended upon the respondent board members and began shouting and using
obscenities.
9. It is found that because of the disorderly
temperament of the crowd, additional police officers were requested, and upon
arrival, the officers ordered members of the public to move behind barriers
which separated the audience from the respondents.
10. It is also found that despite the
pandemonium, at no time were members of the public requested to leave the
meeting.
11. It is concluded that the respondents did not
violate any provision of the Freedom of Information Act at the February 29,
1988 meeting.
12. The respondents should be commended on the
endurance and restraint they exercised in light of the circumstances. In the event there is a recurrence of what
transpired at the meeting in question, the respondents may wish to avail
themselves of §1-21h, G.S., which permits a public agency to restore order by
the removal of individuals who are wilfully interrupting a public meeting when
the orderly conduct of such meeting becomes unfeasible.
Docket #FIC 88-80
Page 3
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.
Approved by order of
the Freedom of Information Commission at its special meeting of June 8, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission