FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

John Reilly and The Hour Newspapers,

 

Complainant

 

 

against

 

Docket #FIC 1999-594

Board of Education,
Norwalk Public Schools,

 

 

Respondents

May 24, 2000

 

 

 

 

The above-captioned matter was heard as a contested case on February 14, 2000, at which time the complainants and the respondent appeared and presented testimony, exhibits and argument on the complaint.  Mayor F. Esposito and the City of Norwalk were granted intervenor status. 

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 §1-200(1), G.S. [formerly §1-18a(1), G.S.].

 

2.      It is found that on December 4, 1999, four members of the respondent board, two former members of the respondent board, and the Mayor of the City of Norwalk met concerning a dispute over the conduct of the school superintendent (hereinafter “the December meeting”).

 

3.      It is found that the December meeting was not open to the public and that one of the complainants’ reporters was twice ejected from the meeting.

 

4.      By letter dated December 11, 1999 and filed on December 14, 1999, the complainants appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by improperly entering into executive session at its December meeting.

 

5.       At the hearing on this matter, the respondent argued that the mayor is only an ex-officio member of the respondent board and is not counted in determining whether a quorum was present because a quorum must consist of elected members.  The respondent further argued that because the mayor is not counted, no quorum of respondent board was present at the December meeting, and that the December meeting was not a meeting of the respondent board, but an administrative meeting of the mayor.

 

6.      Section 1-200(2), G.S. [formerly §1-18a(2), G.S.], provides in relevant part that:

“[m]eeting 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.”

 

7.      It is found that pursuant to the code of the City of Norwalk, §1-516, the mayor is ex-officio chairman of the respondent board and is authorized to preside at all meetings of the respondent board. 

 

8.      It is also found that the bylaws of the respondent board provide that five members of the respondent board shall constitute a quorum for the transaction of business and makes no distinction between elected members and non-elected members.

 

9.      It is found that the mayor, as ex-officio chairman of the respondent board, only votes in order to break a tie and has rarely called and/or chaired a meeting of the respondent board.

 

10.  It is found that the mayor called for the December meeting via written invitation on his office letterhead.

 

11.  Notwithstanding the findings in paragraphs 9 and 10, above, it is found that a quorum of the respondent board was present at the December meeting and that the respondent board held a meeting within the meaning of §1-200(2), G.S. [formerly §1-18a(2), G.S.].

 

12.  With respect to the complainant’s allegation that the respondent improperly entered into executive session, §1-200(5), G.S. [formerly §1-18a(5), G.S.], provides in relevant part that “executive sessions means a meeting of a public agency at which the public is excluded for  . . . [d]iscussion concerning the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee . . . .”

 

13.  Further, §1-225(a), G.S. [formerly §1-21(a), G.S.], provides in relevant part that “[a] public agency may hold an executive session  . . . upon an affirmative vote of two-thirds of the members of such body present and voting, taken at a public meeting and stating the reasons for such executive session . . . .”

 

14.   It is found that the respondent board, in effect, held an executive session within the meaning §1-200(5), G.S. [formerly §1-18a(5), G.S.].

 

15.  It is also found, however, that the respondent board did not vote to convene in executive session in public at its December meeting prior to entering into executive session, nor was the reason for the such executive session stated in open session.

 

16.  It is therefore concluded that the respondent board violated the executive session provisions found in §1-225(a), G.S. [formerly §1-21(a), G.S.].

 

 

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

 

            1.  Upon receipt of this final decision, the respondent board shall cause a copy of the same to be posted for a period of thirty days in a public place in both its office and the office of the Town Clerk.

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 24, 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:

 

 

John Reilly and The Hour Newspapers

346 Main Avenue

Norwalk, CT  06851

 

Board of Education, Norwalk Public Schools

c/o Atty. Thomas Sullivan

Sullivan, Schoen, Campane & Connon, LLC

646 Prospect Avenue

Hartford, CT  06105-4286

 

Mayor F. Esposito

c/o Atty. M. Jeffry Spahr

Deputy Corporation Counsel

PO Box 798, 125 East Avenue

Norwalk, CT  06856-0798

 

City of Norwalk

c/o Atty. M. Jeffry Spahr

Deputy Corporation Counsel

PO Box 798, 125 East Avenue

Norwalk, CT  06856-0798

 

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

FIC1999-594FD/mrb/05/25/00