FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Joan Coe,
Complainant
against Docket #FIC 91-164
Theodore T. Tansi, First Selectman, Town of Simsbury, Evan Woolacott, Pamela Katz and Elise Sirman as Members of the Simsbury Board of Selectmen and Alfred Shull, Chief of Police, Simsbury Police Department,
Respondents November 27, 1991
The above-captioned matter was heard as a contested case on September 19, 1991, 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 public agencies within the meaning of 1-18a(a), G.S.
2. By letter of complaint dated June 25, 1991, and filed with this Commission on June 27, 1991, the complainant alleged that immediately prior to the respondent board of selectmens' June 20, 1991 special meeting (hereinafter "June meeting"), which was scheduled to begin at 6:00 p.m., the respondents convened an illegal meeting.
3. Specifically, the complainant claims that from approximately 5:45 to 6:00 p.m., a quorum of members of the respondent board of selectmen gathered behind closed doors with the respondent chief of police.
4. The complainant requested the imposition of civil penalties.
Docket #FIC 91-164 Page 2
5. It is found that it is a common practice for members of the respondent board of selectmen and members of other local public agencies to go into the first selectman's suite of four offices while waiting for a meeting to begin.
6. It is found that it is a common practice for members of the respondent board of selectmen to pass the time before an evening meeting in the first selectman's offices in order to partake of refreshments that are usually available, and also to collect mail from their mailboxes that are located in the first selectman's outer offices.
7. It is found that there was no evidence presented at the hearing to support a finding that any public business was discussed or agency business transacted by any of the respondents prior to the June meeting.
8. The Commission has no basis for either finding a violation or imposing a civil penalty as requested by the complainant.
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.
2. The respondents are cautioned that whenever members of one or more agencies assemble prior to a meeting it creates an appearance of impropriety which is best avoided. Additionally, the respondents should be sensitive to the fact that observant citizens, such as the complainant, will draw what they believe to be reasonable inferences about the lawfulness of such an assembly.
Approved by Order of the Freedom of Information Commission at its regular meeting of November 27, 1991.
Debra R. Rembowski
Acting Clerk of the Commission
Docket #FIC 91-164 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:
Joan Coe
26 Whitcomb Drive
Simsbury, CT 06070
Theodore T. Tansi, First Selectman, Town of Simsbury Evan Woolacott, Pamela Katz and Elise Sirman as Members of the Simsbury Board of Selectmen Alfred Shull, Chief of Police Simsbury Police Department,
c/o Attorney Susan Quinn
Tyler, Cooper & Alcorn
CityPlace - 35th Floor
Hartford, CT 06103-3488
Debra R. Rembowski
Acting Clerk of the Commission