FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Susan L. Youngquist,
Complainant
against Docket
#FIC 88-114
Stratford Planning and
Zoning Commission and Stratford Town Attorney Thomas Thornberry,
Respondents July
13, 1988
The above-captioned matter was heard as a contested case
on May 17, 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. The
respondent commission held a regular meeting in Room 207 of the Stratford town hall
at 7:30 p.m. on March 7, 1988.
3. The
respondent commission has five regular members, of whom three are Democrats and
two Republicans.
4. By letter
of complaint filed with the Commission on March 28, 1988 the complainant, a
Republican member of the respondent commission, alleged that at 7:25 p.m. on
March 7, 1988, three other commission members were improperly engaged in
"deep discussion" with the respondent attorney in a room other than
the designated meeting room. The
complainant also stated that the discussion had been witnessed by Lawrence
Miller, also a Republican member of the respondent commission.
5. At
hearing the complainant stated that she was unable to hear any of the
conversation among the commissioners and the respondent attorney but that at
the regular meeting which followed the three participating members appeared to
the complainant to be better prepared to discuss certain issues than those
members who did not participate in the discussion.
Docket #FIC 88-114 Page
Two
6. It is
found that the respondent attorney arrived at his town hall office at
approximately 7:15 p.m. on March 7, 1988.
A few minutes later William Lindberg, a Democrat commission member,
stopped in unexpectedly for a social visit.
7. Shortly
thereafter, Mr. Lindberg and the respondent attorney were joined by Joseph
Kulikowski and Barbara Georgette, also Democrat commission members, whose
purpose was also a social visit. One
purpose of Mr. Kulikowski's visit was to introduce the respondent attorney to
Ms. Georgette, whom he had not previously met.
8. It is
found that the brief gathering of Democrat commission members with the
respondent attorney prior to the March 7, 1988 regular meeting of the
respondent commission was a social meeting neither planned nor intended for the
purpose of discussing matters relating to official business and was not a
"meeting" within the meaning of §1-18a(b), G.S.
9. It is
concluded that the gathering in the town attorney's office prior to the March
7, 1988 meeting of the respondent commission did not violate the Freedom of
Information Act.
10. The
Commission notes, however, that the inference drawn by the complainant from the
gathering of a quorum of the respondent commission was not an unreasonable
one. The respondents should, in the
future, be aware of the appearance created by impromptu social gatherings, not
only in the eyes of minority party members, but also in the eyes of the public.
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 July 13, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission