FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Bernard Lavey,

 

                        Complainant,

 

            against              Docket #FIC 89-138

 

Mayor, Town of Hamden,

 

                        Respondent                  January 10, 1990

 

            The above-captioned matter was heard as a contested case on September 19 and October 31, 1989, 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 and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  On April 11, 1989, the respondent held a hearing, attended by the respondent's attorney, the Hamden fire chief and his attorney, the Hamden deputy fire chief and his attorney, the town attorney, a recording secretary, the complainant, and a journalist.

 

            3.  By letter dated April 11, 1989, and filed with the Commission on April 24, 1989, the complainant appealed to the Commission, alleging an illegal executive session was held and requesting a null and void order.

 

            4.  At the Commission's hearing on this matter, the complainant withdrew his request for a null and void order and instead requested a civil penalty.

            5.  It is found that the topic of the respondent's April 11, 1989, gathering was whether and what disciplinary action against the fire chief and deputy fire chief was appropriate based on allegations about a misappropriation of town funds in purchasing certain vehicles for the fire department.

 

            6.   It is found that shortly after starting, the accuseds' attorneys requested an executive session and the respondent called an "executive session," moving to a different room and excluding the complainant and the journalist.

 

Docket #FIC 89-138                           Page Two

 

            7.  It is found that the town attorney then presented the evidence the town had to support the charges against the fire chief and deputy chief, who consulted with their attorneys and then agreed to the facts as presented.

 

            8.  It is found that the respondent wrote his decision in note form while listening to the town attorney's presentation, and then, after allowing public access again, read his decision aloud.

 

            9.  It is found that the respondent is a single-member public agency.

 

            10.  It is found that the gathering in question was an administrative meeting of the respondent.

 

            11.  Thus it is concluded that the gathering was not a meeting within the meaning of 1-18a(b), G.S.

 

            The following order of the Commission is hereby recommended on the basis of the complete record in the above-captioned complaint:

 

            1.  The complaint is hereby dismissed.

 

            2.  The Commission cautions the respondent that using the term "executive session" when holding an administrative meeting of a single-member agency may be confusing or misleading to the public.

 

Approved by order of the Freedom of Information Commission at its regular meeting of January 10, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-138                           Page Three

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

BERNARD LAVEY

27 Eaton Woods Road

Hamden, CT 06518

 

MAYOR, TOWN OF HAMDEN

c/o Francis E. Lamboley, Esquire

2827 Old Dixwell Avenue

Hamden, CT 06518

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission