FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
John Ward,
Complainant
against Docket #FIC 90-188
Danbury Common Council, Gene Eriquez, Mayor of Danbury, and Nelson Macedo, Danbury Police Department,
Respondents December 12, 1990
The above-captioned matter was heard as a contested case on September 10, 1990, at which time the complainant and the respondents 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 respondents are a public agencies within the meaning of 1-18a(a), G.S.
2. By letter of complaint dated May 17, 1990, the complainant alleged that the respondents violated 1-21, G.S., by denying him access to a meeting of the respondent Danbury Common Council on May 1, 1990.
3. The complainant asked that civil penalties be imposed upon the respondents.
4. The respondents claimed that the complainant did have access to the meeting, and asked that a civil penalty be imposed upon him.
5. It is found that the complainant attempted to take a sign into a May 1, 1990 meeting of the respondent common council which had the message inscribed upon it "Just say no to the incinerator."
6. It is found that the sign was a moderate size, and that if it had been brought into the meeting it would not necessarily have disrupted the meeting.
Docket #FIC 90-188 Page Two
7. It is found that the complainant was told he could not bring the sign into the meeting because of an order of the respondent mayor.
8. It is found that the complainant left his sign outside of the meeting room and attended without it.
9. It is found that several police officers were present at the meeting to keep order.
10. It is concluded that the respondent mayor's prohibition against signs was an improper precondition upon attendance in violation of 1-21, G.S., and that the respondents violated the requirements of 1-21, G.S., by requiring him to leave his sign outside the meeting room.
11. It is concluded under the facts of this case, that civil penalties are not appropriate.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. Henceforth, the respondents shall comply with the requirements of 1-21, G.S.
Approved by order of the Freedom of Information Commission at its regular meeting of December 12, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-188 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:
JOHN WARD
18 Garamella Boulevard
Danbury, CT 06810
DANBURY COMMON COUNCIL, GENE ERIQUEZ, MAYOR OF DANBURY AND NELSON MACEDO, DANBURY POLICE DEPARTMENT
c/o Laszlo L. Pinter, Esq.
Assistant Corporation Counsel
155 Deer Hill Avenue
Danbury, CT 06810
Tina C. Frappier
Acting Clerk of the Commission