FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Bert Bosse,
Complainant
against Docket #FIC 91-206
Lebanon Board of Education,
Respondent December 11, 1991
The
above-captioned matter was heard as a contested case on October 15, 1991, at
which time the complainant 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 letter filed July 23, 1991, the
complainant appealed to the Commission alleging that during its June 24, 1991
meeting the respondent voted to offer the position of middle school principal
to Ms. Beth Katz and that the respondent failed to record the votes of each of
its members in the minutes of the meeting.
3. It is found that on June 24, 1991 the
respondent held a special meeting for the purpose of interviewing final
candidates for the position of middle school principal (hereinafter
"principal position"), as stated on the agenda for the meeting.
4. It is found that the respondent convened in
executive session during its June 24, 1991 special meeting and interviewed two
final candidates, Ms. Katz and the complainant, for the principal position.
5. It is also found that during the executive
session described in paragraph 4, above, the candidates were interviewed
Docket #FIC 91-206 Page 2
individually and that each candidate left the
executive session after his or her respective interview.
6. It is found that the minutes for the June
24, 1991 special meeting do not indicate that a vote was taken by the
respondent either in executive session or upon reconvening in public session.
7. The respondent maintains that a vote was not
recorded in the minutes of its June 24, 1991 special meeting because it did not
conduct a vote during the meeting.
8. The respondent further maintains that
following the principal position interviews the respondent board members
remained in executive session and engaged in a discussion of the candidates'
strengths and weaknesses and that each respondent board member expressed his or
her preference for either candidate.
9. It is found that based upon the
post-interview discussion, the chairman of the executive search committee for
the principal position directed the Superintendent of Schools, to "continue discussions" with Ms.
Katz and to ascertain whether she was still interested in the position although
all of the conditions of employment, such as salary and start date, were not
yet resolved.
10. It is also found that on June 25, 1991, the
Superintendent of Schools contacted Ms. Katz and ascertained that she was still
interested in the principal position.
11. It is also found that subsequent to the June
24, 1991 special meeting neither the respondent nor the Superintendent of
Schools contacted the complainant to ascertain whether he was still interested
in the principal position.
12. It is also found that on July 9, 1991 the
respondent held a special meeting during which a motion was made "to
approve the appointment of Beth Katz, for the principal position, at a salary
to be determined" and that the motion passed. The minutes for the July 9, 1991 special meeting identify the
individual votes of each of the respondent board members with respect to the
motion to appoint Ms. Katz.
13. It is also found that as a result of budget
reductions, the principal position was not funded for the 1991-1992 fiscal
year.
Docket #FIC 91-206 Page 3
14. Section 1-21, G.S., requires that
"the votes of each member of any public agency upon any issue before such
public
agency...shall be recorded in the minutes of the
session at which taken."
15. It is found that while agency action
generally requires a vote on an issue by a majority of the agency membership
thereof at a public meeting, in this particular instance, the expressions of
individual preferences by the respondent board members during the June 24, 1991
executive session constituted a vote on an issue before a public agency within
the meaning of 1-21, G.S.
16. In addition, 1-18a(e)(1), G.S., allows
for discussion only concerning the appointment, performance, evaluation, health
or dismissal of a public officer during an executive session and does not allow
votes to be taken during an executive session.
17. It is therefore concluded that the
respondent violated 1-18a(e)(1), G.S., when it conducted a de facto vote
in executive session to continue discussions with Ms. Katz and not the
complainant.
18. It is further concluded that the respondent
violated 1-21, G.S., when it failed to record the votes of each respondent
board member present and voting during the June 24, 1991 special meeting.
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 strictly
comply with the requirements of 1-18a(e) and 1-21, G.S., with respect
to votes taken during executive sessions and the recording of votes of its
members.
2. The respondent shall forthwith reconstruct
the vote of each of its members taken during the June 24, 1991 special meeting
and shall amend the minutes for said meeting to reflect those votes.
Approved by Order of the Freedom of Information
Commission at its regular meeting of December 11, 1991.
Debra
L. Rembowski
Acting
Clerk of the Commission
Docket #FIC 91-206 Page 4
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:
Bert Bosse
c/o Attorney Mark Favrow
5 Hillcrest Heights
Lebanon, CT 06249
Lebanon Board of Education
c/o AttorneyDonald Romanik
Shipman & Goodwin
One American Row
Hartford, CT 06103-2819
Debra
L. Rembowski
Acting
Clerk of the Commission