FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final
Decision
Karen A. Massaro,
Complainant,
against Docket
#FIC 1996-013
Allingtown Board of Fire Commissioners,
Respondent, September
25, 1996
The
above-captioned matter was heard as a contested case on July 11, 1996, at which
time the complainant and the respondent 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
respondent is a public agency within the meaning of §1-18a(a),
G.S.
2. By letter of complaint dated January 5,
1996, and filed with the Commission on January 11, 1996, the complainant
alleged that the respondent violated the Freedom of Information (“FOI”) Act by
discussing resumes, including hers, for the position of secretary/treasurer in
executive session on January 2, 1996.
3. It is found that the respondent held a
regular meeting on January 2, 1996 (hereinafter “the meeting”), which the
complainant attended, and during which the respondent convened in executive
session and discussed certain employment candidate resumes, including that of
the complainant, provided in support of the applications for the position of
“secretary/treasurer.”
4. The complainant alleges that the respondent
violated §§1-21(a)
and 1-18a(e)(1), G.S., when it discussed her resume, and those of the other
candidates, in executive session at the January 2, 1996 meeting without notice
to the complainant and the other candidates whose resumes were discussed.
5. Section 1-21(a), G.S., in material part,
provides that “[t]he meetings of all public agencies, except executive sessions
. . . shall be open to the public.”
Docket #FIC 1996-013 Page
2
6. Section 1-18a(e)(1), G.S., in material part,
provides that “executive session” means:
discussion concerning
the appointment, employment, performance, evaluation, health or dismissal of a
public officer or employee, provided that such individual may require that
discussion be held at an open meeting.
7. It is concluded that discussion of the
resumes of the individuals applying for the position of secretary/treasurer
concerns the appointment or employment of a public employee within the meaning
of §1-18a(e)(1),
G.S., and consequently is a permissible purpose for an executive session.
8. It is found that the complainant was present
at the January 2, 1996 meeting and had access to the meeting’s agenda which
listed the subject of the executive session as “DISCUSSION OF RESUMES PERSONNEL
MATTERS.”
9. It is also found that at the time the
respondent determined to convene in executive session at its January 2, 1996
meeting, the complainant failed to assert her right to have the discussion of
her resume conducted in open session.
10. It is further found that the complainant
failed to prove that any of the other employment candidates for the
secretary/treasurer position wished to have their resumes discussed in open
session.
11. It is therefore concluded that the
respondent did not violate §§1-18a(e)(1)
or 1-21(a), G.S., with respect to the conduct of the executive session held at
its January 2, 1996 meeting.
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 September 25, 1996.
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission
Docket # FIC 1996-013 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:
Karen A. Massaro
8 Chris-Jon Circle
West Haven, CT 06516
Allingtown Board of Fire Commissioners
c/o
Louis Smith Votto, Esq.
415 Main Street
West Haven, CT 06516
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission