FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Donia Viola,

 

                        Complainant

 

            against                          Docket #FIC 94-387

 

Regional School District No. 13 Board of Education,

 

                        Respondent                  September 13, 1995

 

            The above-captioned matter was heard as a contested case on June 14, 1995, at which time the complainant and the respondent appeared and stipulated to the decision and order described below.

 

            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 October 31, 1994, the complainant appealed to the Commission, alleging that the respondent discussed in executive session a matter that should have been discussed in public.

 

            3.         It is found that the respondent met on October 26, 1994.

 

            4.         It is found that the respondent convened in executive session at its October 26, 1994 meeting for the purpose of discussing negotiation strategy concerning an architect's contract.

 

            5.         It is concluded that the discussion of negotiation strategy for the architect's contract was not a permitted subject for executive session pursuant to 1-18a(e), G.S.

 

            6.         It is also found that the respondent acted in what it believed at the time to be the public's best interest, and without an intent to violate the FOI Act.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

Docket #FIC 94-387                           Page 2

 

            1.         Henceforth the respondent shall strictly comply with the FOI Act with respect to executive sessions, so that no such violation occurs in the future.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 13, 1995.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 94-387                           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:

Donia Viola

46 Partridge Lane

Durham, CT 06422

 

Regional School District No. 13 Board of Education

c/o Victor Schoen, Esq.

Sullivan, Schoen, Campane & Connor

646 Prospect Avenue

Hartford, CT 06105

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission