FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
John Filush,
Complainant
against Docket #FIC 92-92
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 14, 1992 and filed with the Commission on March 23, 1992, the complainant alleged that the respondent violated the Freedom of Information Act at its February 19, 1992 special meeting when it suspended its rules and undertook an item of business not set forth in the notice of special meeting and when it thereafter convened in executive session without stating a permissible purpose for such session.
3. Section 1-21(a), G.S., provides 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;" 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;" and that "[t]he notice [of a special meeting] shall specify the time and place of the special meeting and the business to be transacted." Section 1-21(a), G.S., also provides that "[n]o other business shall be considered at such [special] meetings by such public agency."
Docket #FIC 92-92 Page 2
4. It is found that the respondent held a special meeting on February 19, 1992 at which, pursuant to Roberts Rules of Order under which it operates pursuant to town charter, it voted to suspend its rules and to undertake an item of business not set forth in the notice of special meeting.
5. It is also found that the respondent did not publicly state a reason for convening in executive session at its February 19, 1992 special meeting.
6. It is concluded that the respondent violated 1-21(a), G.S., at its February 19, 1992 special meeting when it considered and acted on an item of business not included in the notice for that special meeting.
7. It is also concluded that the respondent violated 1-21(a), G.S., at its February 19, 1992 special meeting when it failed to adequately state a permissible purpose under 1-18a(e), G.S., for the executive session held at that meeting.
8. It is further concluded that to the extent that the town charter requires town agencies to follow any rule of order that conflicts with the public access provisions of the Freedom of Information Act, that charter provision does not supersede such public access provisions.
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), 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 92-92 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