FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Daniel J. Filer, |
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Complainant |
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against |
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Docket #FIC 1999-516 |
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David H. Larson, Superintendent, Middletown |
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Respondents |
April 12, 2000 |
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The
above-captioned matter was heard as a contested case on February 2, 2000, at
which time the complainant and the respondents appeared, stipulated to certain
facts and presented testimony, exhibits and argument on the complaint. For purposes of hearing, this case was consolidated with
Docket #FIC1999-538; Daniel J. Filer v. David H. Larson,
Superintendent, Middletown Public Schools; Richard Cormier, Assistant
Superintendent, Middletown Public Schools; Edward L. McMillan, Jr.; Barbara M.
Weiss; Elizabeth Bobrick; Frederick T. Chapell; Marie E. Derosier; Lloyd
Duggan, Jr.; Geen Thazhampallarh, as members, Board of Education, Middletown
Public Schools; and Board of Education, Middletown Public Schools.
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 §1-200(1), G.S. [formerly §1-18a(1), G.S.]
2. By letter dated and filed November 4, 1999, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by holding weekly lunch meetings, including meetings allegedly held on October 4, October 18, and October 25, 1999, which were not noticed pursuant to the FOI Act. The complainant requested the imposition of civil penalties.
3. Section 1-200(2), G.S., defines “meeting” as: “[a]ny 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…communication limited to notice of meetings of any public agency or the agendas thereof.”
4. It is found that the respondent chairman and the respondent superintendent have a practice of getting together on a weekly basis for lunch, and that up to three other members of the nine-member respondent board have attended such gatherings. It is also found that the discussion at such gatherings includes the respondent superintendent informing the respondent chairman, and any other members of the respondent board who may be in attendance, about upcoming matters which need to be scheduled on the respondent board’s agenda. It is further found that the remainder of the discussions at such gatherings is of a social nature.
5. It is found that, with respect to the lunch gatherings of October 4, 18, and 25, 1999, which were the specific gatherings referenced in the complaint and discussed at the hearing in this matter, such meetings included a total of three members of the respondent board, including the respondent chairman.
6. It is found that the discussions held on October 4, 18, and 25, 1999, and referenced in the complaint in this matter, were communications limited to “notice of meetings… or the agendas thereof” within the meaning of §1-200(2), G.S. (formerly §1-18a(2), G.S.), and, therefore, it is concluded that such discussions were not meetings within the definition of such provision.
7. It is found further concluded that the respondents did not violate the FOI Act as alleged in the complaint.
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 12, 2000.
_________________________
Melanie R. Balfour
Acting Clerk of the Commission
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:
Daniel J. Filer
27 Magnolia Avenue
Middletown, CT 06457
David H. Larson, Superintendent, Middletown Public
Schools; John F. Shaw, Jr., Chairman, Board of Education, Middletown Public
Schools; Edward L. McMillan, Jr.; Barbara M. Weiss; Elizabeth Bobrick;
Frederick T. Chapelle; Marie E. Derosier; Lloyd Duggan, Jr., Thomas C. Hutton,
as members, Board of Education, Middletown Public Schools and Board of
Education, Middletown Public Schools
c/o Atty. Brian Clemow
Shipman & Goodwin
One American Row
Hartford, CT 06103-2819
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-516FD/mrb/04/13/00