FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Robert Redente and East Haven
Firefighters, Local No. 1205,
Complainants
against Docket
#FIC 91-268
Joseph Piccirillo, Edward
Donroe, Ray Donnelly and Vincent Palmer,
East Haven Board of Fire Commissioners, George Hennessey, East Haven
Fire Chief, and William Webster, East Haven Assistant Fire Chief,
Respondents February 26, 1992
The above-captioned matter was heard as a contested
case on January 9, 1992, at which time the complainants 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
complaint filed September 3, 1991, the complainant alleged that on August 26,
1991, the respondents held an illegal closed meeting to discuss individual
employee grievances.
3. The
complainants claimed among other things that the respondents held an illegal
executive session because:
a. the
employees whose grievances were discussed had no notice either that the
grievances would be considered at the August 26, 1991 meeting, or that the
grievances would be considered in executive session; and
b. the
executive session was attended by persons who should not have been present.
Docket #FIC 91-268 Page
Two
4. The
complainants requested that the Commission impose civil penalties upon the
named respondents.
5. It
is found that on August 26, 1991, the respondents held an executive session at
which they denied grievances numbered 91-3, 91-4, 91-5, 91-6 and 91-7.
6. It
is found that the grievances that were denied concerned the performance and
employment of several firefighters.
7. It
is found that the agenda for the August 26, 1991 meeting did not give notice
that the five employee grievances described above would be considered at the
August 26, 1991 meeting.
8. It
is found that the firefighters whose grievances were considered at the
executive session were not informed that they had a right pursuant to
1-18a(e)(1), G.S. to require
public discussion of their performance and employment.
9. It
is concluded that the executive session held by the respondents on August 26,
1991 to consider the five grievances described at paragraph 5 above was illegal
for two reasons: (1) it was held
without proper notice to the public as required by 1-21, G.S., and (2) it
was held without proper notice to the firefighters regarding the right to
require that the executive session be held in public as required by
1-18a(e)(1), G.S.
10. It
is found that the respondent chief and the respondent assistant chief attended
the executive session.
11. It
is found that the attendance of the respondent chief and the respondent
assistant chief at executive sessions of the respondent board is customary.
12. It
is found that the respondent failed to prove that the attendance of the
respondent chief and the respondent assistant chief during the entirety of the
executive session was necessary to present testimony or opinion as limited by
1-21g, G.S.
13. It
is concluded that the respondent board violated 1-21g when it permitted
the respondent chief and the respondent assistant chief to attend the entirety
of the executive session.
14. It
is concluded under the facts of this case that civil penalties are not
appropriate.
Docket #FIC 91-268 Page
Three
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. Pursuant
to 1-21i, G.S., the actions taken at the August 26, 1991 executive
session, which are described at paragraph 5 above, are hereby declared null and
void.
2. The
respondents shall comply henceforth with the limitations on attendance at
executive sessions set forth at 1-21g, G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of February 26, 1992.
Debra L. Rembowski
Acting Clerk of the
Commission
Docket #FIC 91-268 Page
Four
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:
Robert Redente
East Haven Firefighters,
Local No. 1205,
c/o Daniel Hunsberger
215 Washington Street
Hartford, CT 06106
Joseph Piccirillo, Edward
Donroe, Ray Donnelly, Vincent Palmer, East Haven Board of Fire Commissioners,
George Hennessey, East Haven Fire Chief, William Webster, East Haven Assistant
Fire Chief
c/o Attorney Alfred J. Cronk
P.O. Box 147
East Haven, CT 06512
Debra L. Rembowski
Acting Clerk of the Commission