FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Bob Tedeschi,
William Condy and The Hour,
Complainants,
against Docket #FIC 89-88
Board of
Trustees, Maritime Center at Norwalk, Inc.,
Respondent January 24, 1990
The above-captioned matter was
scheduled for hearing July 21, 1989, at which time the complainants and the
respondent appeared 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. By
letter of complaint filed March 10, 1989, the complainants alleged that the
respondent failed to comply with the open meetings requirements of 1-21,
G.S., when it denied complainant Tedeschi access to the meeting of the
respondent on February 14, 1989.
2. The
respondent claimed it is not a public agency and not subject to the open
meetings requirements of the Freedom of Information Act.
3. It
is found that the respondent is the board of directors for the Maritime Center,
Inc. (TMC, hereinafter), a non-profit organization created to build a maritime
center to promote understanding of maritime resources, and to raise money to
support the center and its programs.
4. It
is found that the concept of the maritime center, which TMC implemented and
developed, was the result of a combined effort of private and public entities.
5. It
is found that the concept of the maritime center was promoted by the Norwalk
Seaport Association, the Oceanic Society, and the Junior League.
6. It
is found that a proposal for a maritime center was included in a study prepared
by Notter and Feingold for the Norwalk Redevelopment Agency, and that in
1979-1980 the Norwalk Redevelopment Agency paid approximately one hundred
thousand dollars for a feasibility study for the maritime center.
Docket #FIC
89-88
page two
7. It
is found that TMC was created in 1982 by a seed money campaign and that it used
the $730,000 which had been raised for environmental and other preliminary
studies for the maritime center.
8. It
is found that the Norwalk Maritime Center Authority (MCA, hereinafter) was
created in 1985 by the adoption of
ordinances, 70-1 to 70-8, by the Norwalk Common Council.
9. It
is found that the ordinances creating the authority were adopted pursuant to
7-130a to 7-130x, G.S., which pertain to public recreational
facilities authorities.
10. It
is found that among other things 7-130a to 7-130x empower the MCA to
issue bonds and to lease or operate projects such as museums, aquariums,
maritime arts and trades demonstration facilities and other public or related
commercial, recreational and educational facilities.
11. It
is found that in 1986 the MCA issued 30 million in bonds guaranteed by the
city of Norwalk for the development and operation of a maritime center by TMC.
12. It
is found that governmental and community leaders in Norwalk intended the
maritime center to become an "image changer" -- a facility which
would attract people, create incentives for private building, and create an
economic base.
13. It
is found that pursuant to a sublease with MCA, TMC was authorized to develop
and operate the maritime center.
14. Pursuant
to its sublease TMC agreed to pay certain gross operating revenues to a trustee
to be credited to the MCA. During the
term that the bonds are outstanding such revenues are to be applied to the
payment of the Maritime Center Project Bonds and the expenses of the MCA, and
certain other sums of any remaining gross operating revenue are to be paid to
TMC for its expenses.
15. It
is found that pursuant to its sublease TMC has agreed to submit quarterly and
annual reports to the MCA, and to make its financial accounts and books
available to the MCA for review and audit.
16. It
is found that pursuant to the lease the MCA has veto power with respect to the
top level management of TMC.
17. It
is found that the State of Connecticut Department of Economic Development
provided TMC with a four million dollar grant.
Docket #FIC
89-88
page three
18. It
is found that pursuant to its lease TMC pays no taxes until the bonds are
retired.
19. It
is found that under the lease with MCA, TMC is required to pay for services
received by it from the city.
20. It
is found that due to low attendance TMC has been unable to pay its expenses.
21. It
is found that TMC met some of its expenses by entering into an agreement with
the redevelopment agency whereby money from the bond issue (1.25 million
dollars) that had been transferred to the redevelopment agency for parking
facilities for TMC, and interest from a cushion account maintained by the city
for debt-service insurance, was transferred to TMC.
22. It
is found that although this transfer of funds was not structured as a loan, it
was not a direct grant either, and TMC appears to have responsibility to repay
the money to the city.
23. It
is found that TMC paid the Zoological Society of Philadelphia (hereinafter,
ZSP) to act as its consultant to determine how to cut costs and increase
income.
24. It
is found that ZSP helped TMC prepare a new reduced budget, and that the budget
was reviewed by Jack Miller, the city finance director, and was adopted by the
TMC trustees and the MCA.
25. It
is found that the city provided TMC with a grant of $300,000 for the publicity
campaign developed under the advice of the ZSP and intended to expand
attendance at the maritime center.
26. It
is found that while TMC was not created by government, it could not have been
created without governmental support.
27. It
is found, because TMC has received nearly two million dollars in financial aid
from Norwalk, at least four million dollars from the state of Connecticut, and
because it was developed with 30 million dollars of bonds guaranteed by the
City of Norwalk, that TMC is funded by government.
28. It
is found, based upon the relationship between MCA and TMC as defined in the
lease, and because the involvement of the city with the financial problems of
TMC is substantial, that TMC is both involved with and regulated by government.
Docket #FIC
89-88
page four
29. It
is found based upon the legislative intent of 7-130, et seq., the
intent of the Norwalk City Council evidenced by its creation of MCA pursuant to
7-130 et seq., the involvement of governmental officials in planning
for the maritime center, and the financial support provided by the City of
Norwalk that TMC performs a governmental function as a public recreational
facility.
30. It
is concluded that TMC is a public agency within the meaning of 1-18a(a),
G.S.
31. It
is concluded, therefore, that the meetings of the respondent are meetings of a
public agency within the meaning of 1-18a(b) and 1-21, G.S.
31. It
is concluded that the respondent violated the open meetings provisions when it
excluded the complainant Tedeschi from its meetings on February 14, 1989.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1. The
respondent shall henceforth comply with the open meetings requirements of the
Freedom of Information Act.
Approved by
order of the Freedom of Information Commission at its regular meeting of
January 24, 1990.
Tina C.
Frappier
Acting Clerk
of the Commission
Docket #FIC
89-88
page five
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:
BOB TEDESCHI,
WILLIAM CONDY AND THE HOUR
c/o John P. Reilly
The Hour
346 Main Avenue
P.O. Box 790
Norwalk, CT
06852
BOARD OF
TRUSTEES, MARITIME CENTER AT NORWALK, INC.
c/o Michael
Lyons, Esq.
Lyons & Ryan
71 East Avenue
P.O. Box 1085
Norwalk, CT
06856
Tina C.
Frappier
Acting Clerk of the Commission