FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Clifford L. Bradley,
Complainant
against Docket #FIC 90-10
West Haven Board of Police Commissioners,
Respondent June 27, 1990
The above-captioned matter was heard as a contested case on May 1, 1990, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This case was consolidated for the purposes of hearing with Docket #FIC 90-9 and Docket #FIC 90-33.
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 December 26, 1990 and filed with the Commission on January 9, 1990, the complainant appealed to the Commission, alleging that the respondent at its December 19, 1989 meeting filled a vacancy in the position of Assistant Police Chief without properly adding that business to its agenda, and requesting that any action taken at the meeting be declared null and void.
3. It is found that the respondent at its regular meeting of December 19, 1989 filled a vacancy in the position of Assistant Police Chief.
4. It is found that the business described in paragraph 3, above, was not on the agenda of the December 19, 1989 meeting.
5. It is also found that the business described in paragraph 3, above, was not added to the agenda of the December 19, 1989 meeting.
6. At the hearing, the respondent acknowledged that its vote on the business described in paragraph 3, above, was in error.
Docket #FIC 90-10 Page 2
7. It is concluded that the respondent violated 1-21(a), G.S., by acting on business not included in its filed agenda nor added to the agenda by an affirmative vote of two-thirds of the members of the respondent present and voting.
8. It is found that the respondent placed the business described in paragraph 3, above, on the agenda for its January 2, 1990 regular meeting, and again voted to fill the vacancy in the position of Assistant Police Chief.
9. Under the facts of this case, the Commission in its discretion declines to order the action described in paragraph 3, above, null and void.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth the respondent shall act in strict compliance with the requirements of 1-21(a), G.S., regarding the procedure for adding business to the filed agenda for a regular meeting.
Approved by order of the Freedom of Information Commission at its regular meeting of June 27, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-10 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:
CLIFFORD L. BRADLEY
78 Dana Street
West Haven, CT 06516
WEST HAVEN BOARD OF POLICE COMMISSIONERS
c/o Henry C. Szadkowski, Esquire
Assistant Corporation Counsel
355 Main Street
West Haven, CT 06516
Tina C. Frappier
Acting Clerk of the Commission