FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Eliot C. White, William H. Watson and Record-Journal,

 

                        Complainants

 

            against              Docket #FIC 91-35

 

Wallingford Board of Education,

 

 

                        Respondent                  March 13, 1991

 

            The above-captioned matter was heard as a contested case on March 8, 1991, at which time the complainants 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 complaint filed March 5, 1991, the complainants alleged that the respondent voted at its January 14, 1991 meeting to hold a self-evaluation retreat in executive session on March 23, 1991 for the purpose of discussing "interpersonal relationships."

 

            3.         The complainants alleged that proposed March 23, 1991 meeting in executive session was not permitted by 1-18a(e), G.S., and asked that the Commission hold an expedited hearing in order to determine whether it should enjoin the respondent from entering into executive session on March 23, 1991.

 

            4.         The respondent claimed either that the proposed retreat was not a meeting within 1-18a(b), G.S. or that if it was a meeting, it was permitted as an executive session under 1-18a(e)(1), G.S.

 

            5.         It is found that the proposed retreat is scheduled for March 23, 1991 between the hours of 9 a.m. and 3 p.m.

 

            6.         It is found that the respondent has retained the services of a facilitator to assist in the process.

 

Docket #FIC 91-35                             Page Two

 

            7.         It is found that the respondent will discuss interpersonal relationships at the March 23, 1991 retreat.

 

            8.         It is found that the respondent failed to prove that the retreat was not a meeting within the meaning of 1-18a(b), G.S.

 

            9.         It is concluded that the respondent may hold a retreat in executive session within the meaning of 1-18a(e)(1), G.S., only for the purpose of discussing interpersonal board relationships.

 

            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 March 13, 1991.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 91-35                             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:

ELIOT C. WHITE, WILLIAM H. WATSON AND RECORD-JOURNAL

11 Crown Street

Meriden, CT 06450

 

WALLINGFORD BOARD OF EDUCATION

c/o Richard D. O'Connor, Esq.

370 Asylum Street

Hartford, CT

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission