FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

John Filush,

 

                        Complainant

 

            against              Docket #FIC 92-82

 

Weston Board of Police Commissioners,

 

                        Respondent                  October 14, 1992

 

            The above-captioned matter was heard as a contested case on August 25, 1992, 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 of complaint dated March 2, 1992 and filed with the Commission on March 5, 1992, the complainant alleged that the respondent convened in executive session at its February 4, 1992 meeting to discuss personnel matters and that during such session the respondent discussed a grievance filed by him, although he requested that the matter be discussed at an open session at which he could be present.

 

            3.  The complainant also alleged that the announced purpose for the executive session in question was to discuss "personnel matters" and that this description was insufficent to adequately apprise the public of the intended purpose of that session.

 

            4.  It is found that at its February 4, 1992 meeting the respondent convened in executive session to discuss "personnel matters."

 

            5.  It is also found that at that session, the respondent did not discuss the merits of the complainant's grievance, but rather the members of the respondent who were present discussed possible dates for a future meeting at which the complainant's grievance would be undertaken.

 

Docket #FIC 92-82                                        Page 2

 

            6.  Section 1-21(a), G.S., states that "[t]he meetings of all public agencies, except executive sessions as defined in subsection (e) of section 1-18a, shall be open to the public" and that a "public agency may hold an executive session as defined in subsection (e) of section 1-18a, upon an affirmative vote of two-thirds of the members of such body present and voting, taken at a public meeting and stating the reasons for such executive session, as defined in said section."

 

            7.  Section 1-18a(e)(1), G.S., in turn, provides that a public agency may convene in executive session to, among other things, discuss "the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee, provided that such individual may require that discussion be held at an open meeting. . . ."

 

            8.  It is found that the respondent did not convene in executive session at its February 4, 1992 meeting for a permissible purpose under 1-18a(e), G.S., when it discussed possible dates for a future meeting at which the complainant's grievance would be undertaken.

 

            9.  Consequently, it is concluded that the respondent violated 1-21(a), G.S., when it convened in executive session at its February 4, 1992 meeting to discuss possible dates for a future meeting.

 

            10.  It is also concluded that the respondent violated 1-21(a), G.S., by failing to adequately state a permissible purpose under 1-18a(e), G.S., for the executive session at its February 4, 1992 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 provisions of 1-21(a) and 1-18a(e), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 14, 1992.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 92-82                                        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:

John Filush

58 Barry Scott Drive

Fairfield, CT 06430

 

Weston Board of Police Commissioners

Norman L. Perry, Chairman

c/o Weston Police Department

56 Northfield Road

Fairfield, CT 06883

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission