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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Michael C. Osiecki, |
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Complainants |
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against |
Docket #FIC 2000-509 |
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Board of Fire
Commissioners, South |
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Respondent |
February 14, 2001 |
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The above-captioned matter was heard as a contested case on October 10, 2000, at which time the complainant and the respondent appeared, 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 §1-200(1),
G.S.
2. By letter of complaint dated
September 12, 2000 and filed September 13, 2000, the complainant
appealed to the Commission, alleging that the respondent violated the Freedom
of Information (“FOI”) Act by
meeting in executive session on September 11, 2000 and then voting in public
session on “spending money and making a donation on behalf of a past Fire
Commissioner” (hereinafter “donation issue”).
The complainant requested that the respondent’s decision on the
donation issue be declared null and void.
3. It is found that the
respondent held a regular meeting on September 11, 2000 during which it
convened in executive session (hereinafter “executive session”) and
discussed the status of an employee in connection with a Workers’
Compensation matter.
4. At the hearing on this
matter, the complainant contended that it appears from a written statement of
the Fire Chief, who attended the executive session, that the respondent
discussed the donation issue during the executive session.
5. It is found that the executive
session was held in the Fire Chief’s office, which is located in a separate
area from the room in which the public portion of the meeting was held.
6. It is found that on the walk
over to the Fire Chief’s office, one member of the respondent, Commissioner
Petras, mentioned to the others that he had spoken to retired Fire
Commissioner Parmenter’s wife, who informed him that Commissioner Parmenter
was not doing well, and that in lieu of giving him a gift in appreciation for
his years of service to the respondent, he would prefer that the respondent
make a donation to a World War II Memorial Fund on his behalf.
It is also found that sometime between the walk over to the chief’s
office for the executive session, or during the executive session, or on the
way back to the public meeting room from the executive session, Commissioner
Petras further informed the other members of the respondent that he intended
to raise the donation issue once the respondent reconvened in public session.
7. It is found that the
information regarding the donation issue, described in paragraph 6, above, was
exchanged among a quorum of the members of the respondent, outside of the
public portion of the meeting.
8. It is also found that
immediately upon reconvening the public portion of the meeting the respondent
voted to make a donation of $150 to a World War II Memorial Fund on behalf of
Commissioner Parmenter.
9. Section 1-200(2), G.S., in relevant part, defines "meeting" to include “[a]ny 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.”
10. Section 1-225(a), G.S., further provides, in relevant part: “[T]he meetings of all public agencies, except executive sessions as defined in subdivision (6) of section 1-200, shall be open to the public.”
11. It is found that the
information regarding the donation issue exchanged among the members of the
respondent, outside of the public meeting, constituted a communication to a
quorum of a multimember public agency, to act upon a matter over which the
respondent has supervision, control, jurisdiction or advisory power within the
meaning of §1-200(2), G.S., and was therefore a “meeting”.
12. It is found that the donation issue should therefore have been addressed during the public portion of the meeting in accordance with the requirement of §1-225(a), G.S.
13. Consequently, it is concluded
that the respondent violated §1-225(a), G.S., when it communicated on the
donation issue in private and not during the public portion of the meeting.
14. It is also found that the respondent board has already taken remedial action with respect to the discussion and vote on the donation issue, and has rescheduled such issue as an item to be addressed during the public session of its regular meeting to be held on October 10, 2000.
15. The Commission does not find that there was any intent on the part of the respondent to circumvent the requirements of §1-225(a), G.S., but believes that a refresher course in the rules of the FOI Act may be helpful to the respondent.
16. It is concluded that in light of the steps taken by the respondent, described in paragraph 14, above, a null and void remedy is not appropriate in this case
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth, the respondent shall strictly comply with the open meeting requirement of §1-225(a), G.S.
2. The Commission strongly urges
the respondent board to contact the Commission's staff to set up an
educational program in the near future.
Approved by Order of the Freedom of Information Commission at its regular meeting of February 14, 2001.
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Petrea A. Jones
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:
Michael C. Osiecki
78 Morgan Street
Middletown, CT 06457
Board of Fire Commissioners
South Fire District, City of Middletown
c/o Joseph S. Borkowski, Esq.
Fortuna & Cartelli, P.C.
134 Washington Street
Middletown, CT 06457
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2000-509/FD/paj/02/22/2001