FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Paul Bock,
Complainant
against Docket
#FIC 95-92
Logan Clarke, Jr., Chairman,
and Marie O'Brien, Member,
State of Connecticut, Board
of Governors for Higher
Education; and Andrew
DeRocco, Commissioner, and
Valerie Lewis, Deputy
Commissioner, State of
Connecticut, Department of
Higher Education,
Respondents December 13, 1995
The above-captioned matter was heard as a contested
case on October 20, 1995, 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. The
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter
dated and filed March 31, 1995, the complainant appealed to the Commission and
alleged that the respondents: (1)
denied his right to tape-record a March 28, 1995 meeting of the Board of
Governors for Higher Education (hereinafter "BGHE"); (2) failed to
file a notice of special meeting; and (3) failed to post a notice of
adjournment of such meeting.
Additionally, the complainant requested that civil penalties be imposed
against the respondents.
3. The
complainant seeks to file his complaint as a class-action appeal on behalf of
the Connecticut Asian-American community.
4. It is
concluded that the Commission lacks jurisdiction to address this matter as a
class-action appeal.
5. It is
found that by letter dated February 14, 1995, the complainant requested a
meeting with respondent Clarke and the BGHE to discuss issues of concern to the
Asian-American community in higher education.
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6. It is
found that the respondents and the BGHE were under no legal obligation to meet
with the complainant.
7. It is
found that respondent Clarke nevertheless agreed to the requested meeting, and
that on March 28, 1995, in the offices of the Department for Higher Education,
the respondents assembled with the complainant and several members of the
Asian-American community.
8. It is
found that the complainant requested permission to tape-record their discussion
and that respondent Clarke denied the complainant's request.
9. It is
further found that after a brief discussion concerning the permissibility of
taping, respondent Clarke stated that he would leave if the complainant
insisted on taping their discussion; and that the complainant then pressed the
"record" button on his taping equipment, at which time the
respondents rose and left the room.
10. It is
found that the intended discussion never took place.
11. The
respondents maintain that the complainant was not entitled to tape-record their
discussion because it was not a public "meeting" but only an informal
"round-table" discussion.
12. Section
1-18a(b), G.S., provides, in pertinent part:
"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 ... to discuss or act upon a matter over which the
public agency has supervision, control, jurisdiction, or advisory power. "Meeting" shall not include: ...
an administrative or staff meeting of a single-member public agency...
13. It is
found that the Board of Governors for Higher Education is comprised of 11
members.
14. It is
found that respondents DeRocco and Lewis serve as staff to the BGHE.
15. It is
found that respondent Clarke contacted only two other members of the BGHE to
invite them to participate in the intended discussion, and that respondents
Clarke and O'Brien were the only members of the BGHE in attendance on March 28,
1995.
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16. It is
found that respondents Clarke and O'Brien do not constitute a quorum of the
BGHE.
17. It is
found that the intended meeting was never directed, approved or endorsed by the
BGHE.
18. It is
found that the March 28, 1995 gathering and intended discussion was neither a
hearing nor a proceeding of the BGHE, and it is concluded therefore that the
gathering was not a "meeting" of the BGHE within the meaning of
1-18a(b), G.S.
19. It is
found that respondent Clarke is a single-member public agency.
20. It is
found that the intended gathering was an administrative or staff meeting of
respondent Clarke, and it is therefore concluded that it was not a
"meeting" within the meaning of 1-18a(b), G.S.
21. It is
concluded therefore that the complainant was not entitled to tape-record the
intended discussion pursuant to 1-21a(a), G.S.; nor were the respondents
required to file a notice of special meeting or an adjournment notice pursuant
to 1-21(a) and 1-21d, G.S.
22. It is
concluded that under the facts of this case, the respondents did not violate
the Freedom of Information Act, and that therefore the Commission lacks
jurisdiction to consider the imposition of civil penalties against the
respondents.
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.
2. The
Commission commends the goals and intentions of the parties in scheduling the
intended discussion and encourages them to recommence their efforts at
communication.
Approved by Order of the
Freedom of Information Commission at its regular meeting of December 13, 1995.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-92 Page
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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:
Paul Bock
4 Walker Lane
West Hartford, CT 06117
Logan Clarke, Jr., Chairman,
and Marie O'Brien, Member, State of Connecticut, Board of Governors for Higher
Education, and Andrew DeRocco, Commissioner, and Valerie Lewis, Deputy
Commissioner, State of Connecticut, Department of Higher Education
c/o Linsley J. Barbato, Esq.
Assistant Attorney General
MacKenzie Hall
110 Sherman Street
Hartford, CT 06105-2294
Elizabeth A. Leifert
Acting Clerk of the
Commission