FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Marie R. Burbank,
Complainant
against Docket
#FIC 88‑324
Board of Selectmen of the
Town of Andover,
Respondent November
30, 1988
The above‑captioned matter was heard as a contested
case on September 26, 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. The respondent
convened in executive session during its special meeting of August 10, 1988.
3. By letter
filed with the Commission on August 12, 1988, the complainant appealed to the
Commission. The complainant amended her
complaint by letter dated and filed with the Commission on August 15, 1988, and
again by letter dated September 2, 1988, and filed with the Commission on
September 6, 1988.
4. It is found
that the respondent publicly stated its purpose for the executive session as
"personnel matter."
5. It is found
that the respondent actually convened in executive session to figure out
quickly how to break a deadlock in discussions of who had the authority to
appoint a clerk to the town building department.
6. It is found
that §1‑18a(e), G.S., does not permit a public agency to convene in
executive session for any such purpose.
7. It is
concluded that the respondent violated §§1‑18a(e) and 1‑21(a),
G.S., by convening in executive session for an impermissible purpose.
Docket #FIC 88‑324 Page
Two
8. It is found
that the respondent further violated §1‑21(a), G.S., by not accurately
stating in public the purpose for its executive session.
9. The Commission
also notes that a statement such as "personnel matters," in any
event, is too vague to communicate to the public the reason for which an agency
is convening in executive session.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above‑captioned
complaint:
1. The respondent
henceforth shall act in strict compliance with the requirements of §§1‑18a(e)
and 1‑21(a), G.S.
2. The respondent
shall cause this final decision to be read aloud at its first meeting held
after receipt of the notice of final decision.
Approved by order of the Freedom of Information
Commission at its special meeting of November 30, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission