FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Albert H. Trowbridge,

 

                        Complainant,

 

            against              Docket #FIC 89-450

 

Board of Education for Regional School District #12,

 

                        Respondent                  July 25, 1990

 

            The above-captioned matter was heard as a contested case on April 16, 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 hearing with Docket ##'s FIC 89-449, 89-451, 89-458, 89-460 and 89-464.

 

            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 dated December 4, 1989, the complainant appealed to the Commission, alleging the respondent held an unnoticed meeting.

 

            3.  It is found that at the respondent's November 13, 1989, regular meeting, one member read aloud a document that essentially was a list of problems the respondent had with the complainant, who was a member of the board at that time.

 

            4.  It is found that the respondent's chairman created the document, after discussing its subject matter in individual conversations either by telephone or in person with at least seven of the respondent's members.

 

            5.  It is found that the respondent has thirteen members.

 

            6.  Thus it is found that the chairman discussed the subject matter of the document with a quorum of the respondent.

 

7.     It is also found that the subject matter of the document is one over which the respondent has supervisory and advisory power.

 

Docket #FIC 89-450                           Page Two

 

            8.  It is concluded, therefore, that the chairman's discussions with a quorum of the respondent about the subject matter of the document amounted to a meeting as defined by 1-18a(b), G.S.

            9.  It is further found that the respondent did not create, file or otherwise make available a notice, agenda or minutes for this meeting and that public access to it was, therefore, impossible.

 

            10.  Thus it is concluded that the respondent violated 1-21(a), G.S., by holding a meeting without providing a notice, agenda, minutes or public access.

 

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

 

            1.  The respondent henceforth shall strictly comply with the open meeting, notice, agenda and minutes requirements of 1-21(a), G.S.

 

            2.  The respondent's members shall attend an educational workshop to be led by a Commission staff attorney within sixty days of the mailing of the notice of final decision in this case.

 

            3.  The respondent shall invite to attend the workshop, in writing, all administrative employees and officers of the towns comprising Regional School District #12.

 

Approved by order of the Freedom of Information Commission at its regular meeting of July 25, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-450                           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:

ALBERT H. TROWBRIDGE

Old Litchfield Road

Washington, CT 06793

 

BOARD OF EDUCATION FOR REGIONAL SCHOOL DISTRICT #12

c/o Michael E. Foley, Esq.

Shipman & Goodwin

799 Main Street

Hartford, CT 06103

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission