FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by Final
Decision
Cynthia C.
Sniezak,
Complainant
against Docket #FIC 92-67
Windsor
Education Association Insurance Committee,
Respondent May , 1992
The above-captioned matter was
heard as a contested case on March 26, 1992, at which time the complainant and
the Windsor Education Association Insurance Committee (hereinafter
"WEAIC"), appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint.
The Windsor Board of Education
(hereinafter "Board") also appeared and made a motion for intervenor
status. That motion was granted by the
hearing officer. The Board also
requested permission to submit documents relating to the complaint to the
Commission for in camera review. The
request for an in camera submission was granted by the hearing officer. The records at issue were submitted for in
camera inspection on April 9, 1992. A
total of fifteen pages of documents have been submitted for review. The documents have been designated as items
92-67-1 through 92-67-15, respectively.
After consideration of the
entire record, the following facts are found and conclusions of law are
reached:
1. By letter of complaint filed with this Commission on February 25,
1992, the complainant alleged that the WEAIC was denying members of the public
access to its meetings. In her
complaint, the complainant also requested access to any documents generated by
the WEAIC, including minutes of its meetings, study materials and reports.
2. The WEAIC admits that it has held meetings, and that there are
documents governing its operation, as well as reports, recommendations or
proposals that have been developed by the WEAIC. However, the WEAIC contends that neither its meetings nor its
records are subject to the open records or open meetings provisions of
Connecticut's Freedom of Information Act ("FOIA").
Docket #FIC
92-67
Page 2
3. The Commission take administrative notice of its Final Decisions
in contested case docket #s FIC 89-320 and FIC 89-356, and Advisory Opinion
#43.
4. Section 10-153d(b), G.S., requires local or regional boards of
education to negotiate with the designated representatives for teachers and
others, concerning "salaries, hours and other conditions of
employment...."
5. It is found that the Windsor Education Association
("WEA"), is a labor organization created by teachers to represent its
member teachers in collective bargaining, and to promote the welfare of
children and the quality of education in Windsor.
6. It is found that the WEA and the Board were engaged in collective
bargaining negotiations until approximately January of 1992.
7. It is found that prior to the conclusion of those negotiations,
the WEA and the Board agreed to create a study committee to review "cost
effective insurance provisions in view of the mutual concern over the
escalating cost of insurance."
8. It is found that the WEAIC is the study committee that was
formed, and its task is to outline and discuss a methodology for discussion of
insurance coverage, a mandatory subject of collective bargaining.
9. Specifically, the WEAIC was created to develop proposals the WEA
and the Board will negotiate over in their next round of collective bargaining
scheduled to commence October 2, 1992.
10. It is found that the respondent committee is composed of two WEA
members and two Board members.
11. It is found that there is a provision in the agreement that
created the WEAIC for the appointment of a fifth person to the committee.
12. It is found that the agreement requires both the WEA and the
Board to mutually agree upon the fifth member appointed to the WEAIC.
13. It is found that the WEAIC is an outgrowth of the collective
bargaining process and the respondent has proven to the satisfaction of the
Commission that it is continuing the negotiation process.
Docket #FIC
92-67
Page 3
14. It is therefore concluded that pursuant to 1-18a(b) and
1-19(b)(9), G.S., the meetings and records of the WEAIC are not subject to the
public access provisions of the FOIA.
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 June
10, 1992.
Karen
J.Haggett
Clerk
of the Commission
Docket #FIC
92-67
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:
Ms. Cynthia C.
Sniezak
155 Fieldstone
Drive
Windsor, CT 06095
William J.
Dolan, Esq.
Capitol Place,
Suite 500
21 Oak Street
Hartford,
CT 06106
Martha M. Watts,
Esq.
Shipman &
Goodwin
One American Row
Hartford,
CT 06103-2819
Karen
J.Haggett
Clerk
of the Commission