FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by            REVISED FINAL DECISION

 

Anthony W. Skiff,

 

                        Complainant

 

            against              Docket #FIC 89-281

 

Groton City Council,

 

                        Respondent                  April 25, 1990

 

            The above-captioned matter was heard as a contested case on December 12, 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.  By letter of complaint dated July 7, 1989, and filed with the Commission on July 11, 1989, the complainant alleged that certain members of the respondent council had established a pattern of producing resolutions and official letters at privately held meetings when such meetings should have been publicly noticed and publicly held.  Specifically, the complainant alleged that a letter dated June 8, 1989, (hereinafter "the letter"), was drafted at an illegal meeting of the respondent council held on or about June 4, 1989.

 

            3.  The complainant maintains that on or about June 4, 1989 he observed three motor vehicles parked outside of the home of Deputy Mayor Collins who is also a member of the respondent council.  The complainant was able to identify two of the cars as belonging to respondent council members Dunbar and McDermottt, and the third car as that of Thomas Moukawsher who is not a member of the respondent council.

 

            4.  The respondent maintains that the letter was drafted in accordance with the advice of its counsel and in response to a lawsuit which was filed against five members of the respondent council on June 2, 1989, (hereinafter "the lawsuit").  In addition, although the letter was expressly written on behalf of four other council members, the respondent contends that the letter was composed by a single member of the respondent council without any input, discussion, or review from the other council members named in the letter.

 

Docket #FIC 89-281                                      Page 2

 

            5.  The respondent also argues that any gathering of the three council members on or about June 4, 1989 could not be construed as a meeting within the definition of 1-18a(b), G.S., because there was no hearing or proceeding of the respondent agency, and no quorum of the respondent council members present.

 

            6.  It is found that on or about June 4, 1989, Thomas Moukawsher and two members of the respondent council assembled at the home of respondent council member Alfred Collins.

 

            7.  Based upon the totality of circumstances, this Commission reasonably infers that the three council members who met on or about June 4, 1989, engaged in a discussion which subsequently resulted in the drafting of the letter.  In addition, it appears probable to this Commission that either prior to, or subsequent to the drafting of the letter there was seriatim communication, either in person or by means of electronic equipment, among all five respondent council members with respect to the letter.

 

            8.  It is found, however, that the assembly of the three respondent council members on or about June 4, 1989, did not, in and of itself, constitute a quorum of the respondent council.

 

            9.  It is concluded, therefore, that the gathering of respondent council members on or about June 4, 1989, was not a meeting within the definition of 1-18a(b), G.S.

 

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 regular meeting of April 25, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-281                                      Page 3

 

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:

ANTHONY W. SKIFF

254 Shore Avenue

Groton, CT 06340

 

GROTON CITY COUNCIL

c/o James T. Shearin, Esq.

Pullman, Comely, Bradley & Reeves

850 Main Street

P.O. Box 7006

Bridgeport, CT 06601

 

INTERVENOR

 

HENRY E. BUERMEYER

40 Spicer Avenue

Groton, CT 06340

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission