FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Gregory M. Conte,
Complainant
against Docket
#FIC 88‑284
Town Council of the Town of
Monroe,
Respondent December
20, 1988
The above‑captioned matter was scheduled for
hearing August 31, 1988, and then
rescheduled for September 22, 1988, at which time the parties appeared and
presented evidence 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
of complaint filed July 13, 1988, and amended July 21, 1988, the complainant
alleged that on July 5, 1988, the respondent held an executive session for a
purpose not permitted under §1‑18a(e), G.S., and that it discussed a
matter not on the agenda for the meeting in the executive session.
3. The
complainant alleged also that the respondent withheld from the public the final
page of a four page document which was distributed to members of the respondent
at the July 5, 1988 meeting.
4. The
respondent conceded that the notice of the meeting did not include any
reference to asbestos removal, which was discussed during the executive
session, and that the discussion of the asbestos removal project was not a
proper purpose for the executive session.
5. The
respondent claimed, however, that the executive session was otherwise proper
because it concerned discussion of appraisals and evaluations made for
prospective public construction contracts.
6. It is
found that bids for the town hall expansion project which had been submitted
exceeded the amount of money authorized to be spent by the town meeting by more
than one million dollars.
Docket #FIC 88‑284 page two
7. It is
found that the respondent announced to the members of the public at the meeting
that it would conduct an executive session to discuss "negotiations."
8. It is
found that, after the executive session, the respondent voted in public to
reject all bids on the town hall expansion and on the asbestos removal.
9. It is
found that at the July 5, 1988 meeting the respondents received a memorandum
which was marked "negotiation sensitive not to be released" and which
was titled, "Town Hall Expansion Project, July 5, 1988."
10. It is
found that the memorandum which was distributed contained a proposed
resolution, an estimate regarding anticipated costs of the renovation which was
approximately the amount of the bids which were already public, a list of
alternatives regarding the town hall expansion, and a four‑part
recommendation.
11. The
recommendations contained in the memorandum were that the respondent seek
additional money, that the bid process be terminated, that negotiations begin
with one bidder regarding a 10% reduction of the bid price,and that the
asbestos removal be considered separately.
12. It is
found that the discussion in the executive session concerned the subject matter
of the memorandum.
13. It is
found that the respondent failed to prove that it held an executive session for
a proper purpose within the meaning of §1‑18a(e), G.S.
14. It is
found that a member of the public who was present at the July 5, 1988, meeting
asked for a copy of the memorandum which was distributed to the members of the
respondent.
15. It is
found that on July 5, 1988, the respondent failed to make a complete copy of
the memorandum public in response to this request.
16. It is
concluded that the respondent violated §§1‑19(a), 1‑21, and 1‑18a(e),
G.S., by failing to provide a copy of a public record promptly, by improperly
noticing a special meeting, and by holding an improper executive session.
The following order by the Commission is hereby
recommended
Docket #FIC 88‑284 page three
on the basis of the record
concerning the above‑captioned complaint:
1. The respondent shall henceforth comply
with §§1‑19(a), 1‑18a(e), and 1‑21, G.S.
Approved by order of the Freedom of Information
Commission at its special meeting of December 20, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission