FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Gary Highsmith,

 

                        Complainant

 

            against              Docket #FIC 92-238

 

John Daniels, Patricia McCann-Vissepo, Ann-Marie DeGraffenreidt, Arthur Bosley, Tom Jackson, John Sepulveda, and Marcia Longyear as Members of the New Haven Board of Education, and Reginald Mayo, as Acting Superintendent, New Haven Public Schools,

 

                        Respondents                 April 14, 1993

 

            The above-captioned matter was heard as a contested case on February 24, 1993, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The complainant withdrew his complaint as to Reverend Curtis Cofield who was not present at the executive session at issue here.

 

            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 letter of complaint dated July 21, 1992 and filed with the Commission on July 22, 1992, the complainant alleged that the respondent board convened in executive session at its June 23, 1992 special meeting (hereinafter "June meeting"), and discussed him without giving him notice that he would be discussed, as required by 1-18a(e)(1), G.S.  The complainant requests the imposition of civil penalties.

 

            3.  It is found that the respondent board convened in executive session at its June meeting to discuss personnel matters primarily relating to the appointment and rehiring of a number of public school employees.

 

Docket #FIC 92-238                           Page 2

 

            4.  It is found that the names of each of the employees discussed at the June 23, 1992 executive session were listed on "blue sheets" for the respondent superintendent's personnel report. 

 

            5.  It is found that on or about June 16, 1992, each employee listed on the blue sheets was mailed a letter of notification that the respondent board wished to discuss the employee's appointment or rehiring in executive session at the upcoming June meeting.  The letter also informed the employee that the board should be notified of any desire to exercise the right to have the discussion held publicly.

 

            6.  It is found that the complainant's name was not listed on the blue sheets, nor was he mailed a letter of notification concerning the proposed discussion.

 

            7.  It is found that a memorandum from the respondent superintendent concerning the complainant's June 23, 1992 two-day unpaid suspension was distributed to board members at the June meeting.

 

            8.  The Commission is unpersuaded, however, that the complainant was discussed in executive session at the June meeting.

 

            9.  The Commission having found no violation of Connecticut's Freedom of Information Act with respect to the meeting at issue, the complainant's request for the imposition of civil penalties is hereby denied.

 

            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 April 14, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 92-238                           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:

GARY HIGHSMITH

56 Hurlburt Street

New Haven, CT 06519

 

JOHN DANIELS, PATRICIA McCANN-VISSEPO, ANN-MARIE DeGRAFFENREIDT, ARTHUR BOSLEY, TOM JACKSON, JOHN SEPULVEDA AND MARCIA LONGYEAR AS MEMBERS OF THE NEW HAVEN BOARD OF EDUCATION AND REGINALD MAYO AS ACTING SUPERINTENDENT, NEW HAVEN PUBLIC SCHOOLS

c/o Atty Gregory B. Nokes

Cummings & Lockwood

10 Stamford Forum

P.O. Box 120

Stamford, CT 06904

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission