FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Donald R. St. Pierre
Complainant
against Docket #FIC 94-58
Republican Members of the Plainville Town Council
Respondent August 10, 1994
The above-captioned matter was heard as a contested case on July 12, 1994, at which time the complainant and the respondents 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. By letter of complaint dated February 18, 1994, and filed with the Commission on February 22, 1994, the complainant alleged that during a recess at the February 7, 1994 meeting of the Plainville Town Council, the respondents held a meeting without proper notice and otherwise not in accordance with the open meetings provisions of the Freedom of Information Act.
2. It is found that the Plainville Town Council is a public agency consisting of seven members, of whom five members are required for a quorum.
3. It is also found that during the council's February 7, 1994 meeting, a recess was called at the request of the respondents so they could conduct a caucus.
4. At the so-called caucus, the three repondent members of the council met with individuals who were not members of the council.
5. Section 1-18a(b), G.S., in material part, states:
Docket #FIC 94-58 Page 2
"Meeting" means any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public agency, and any communication by or to a quorum of a multimember public agency, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power. "Meeting" shall not include: . . . a caucus of members of a single political party notwithstanding that such members also constitute a quorum of a public agency. . . . "Caucus" means a convening or assembly of the enrolled members of a single political party who are members of a public agency within the state or a political subdivision.
6. It is found that because the respondents met with individuals who were not members of the town council, their gathering during a recess at the February 7, 1994 council meeting did not constitute a "caucus" as that term is defined for purposes of the Freedom of Information Act in 1-18a(b), G.S.
7. It is also found, however, that the gathering in question did not constitute a "meeting" of a public agency for purposes of the Freedom of Information Act because it was neither a hearing or other proceeding of the town council, nor was it a convening or assembly of a quorum of that agency, within the meaning of 1-18a(b), G.S.
8. It is therefore concluded that the respondents did not violate the Freedom of Information Act when they met during a recess at the February 7, 1994 meeting of the Plainville Town Council.
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 August 10, 1994.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 94-58 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:
DONALD R. ST. PIERRE
6 River Edge Court
Plainville, CT 06062
REPUBLICAN MEMBERS OF THE PLAINVILLE TOWN COUNCIL
c/o Robert A. Ziegler, Esq.
Drawer A
29 Park Street
Plainville, CT 06062
Debra L. Rembowski
Clerk of the Commission