FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Robert Fromer,
Complainant
against Docket #FIC 91-355
New London City Council,
Respondent November 12, 1992
The above-captioned matter was heard as a contested case on July 7, 1992, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This case was consolidated for hearing with Docket #FIC 92-129, Robert Fromer v. New London City Council.
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 filed November 15, 1992, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information ("FOI") Act at its November 4, 1991 meeting by:
a. failing to identify on its agenda the individual who would be discussed in an executive session concerning disciplinary action;
b. failing to meaningfully determine that the individual waived an open session.
3. It is found that the respondent held a regular meeting on November 4, 1991.
4. It is found that the agenda for that meeting provided in relevant part:
7.1 Request for Executive Session.
Sometime during the Council Meeting, Council will meet with the City Manager and the Director of Public Works to discuss an employment issue pursuant to Section 1-18(e)(1).
Docket #FIC 91-355 Page 2
5. It is found that the respondent convened in executive session at the November 4 meeting to discuss whether to appoint someone to the position of tree trimmer; specifically, to discuss the salary for such a position, and whether the salary would fit in the respondent's budget.
6. It is concluded that the agenda item described in paragraph 4, above, did not reasonably apprise the public of the business to be transacted as described in paragraph 5, above.
7. It is also concluded that the issue of the specificity of the agenda item described in paragraph 5, above, was raised at the hearing on this matter and is sufficiently within the scope of the complaint for determination in this decision, given the lack of information available to the complainant concerning this issue.
8. It is concluded that the respondent violated 1-21(a), G.S., by failing to include in the agenda of its November 4 meeting a reasonable description of the business to be transacted.
9. It is found that no individual was discussed in reference to filling the position of tree trimmer.
10. It is therefore concluded that the respondent did not violate 1-18a(e)(1), G.S., by failing to identify or notify an individual who was to be discussed in executive session.
11. It is also concluded that the issue of the purpose of the executive session was raised at the hearing on this matter and is sufficiently within the scope of the complaint for determination in this decision, given the lack of information available to the complainant concerning this issue.
12. It is therefore also concluded, since no individual was discussed, that the respondent violated 1-21(a) and 1-18a(e), G.S., by convening in executive session for an improper purpose.
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 1-21(a) and 1-18a(e)(1), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of November 12, 1992.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 91-355 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:
Robert Fromer
281 Gardner Avenue, J4
New London, CT 06320
New London City Council
c/o Atty Tom Londregan
P.O. Box 1351
New London, CT 06320
Debra L. Rembowski
Acting Clerk of the Commission