FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Allen Bacchiochi,
		Complainants
	against		Docket #FIC 2001-564
First Selectman, Town of Stafford; and Board of Selectmen, Town of Stafford,
		Respondent	June 26, 2002

 

The above-captioned matter was heard as a contested case on February 26, 2002, 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 §1-200(1), G.S.

 

2.      By letter dated and filed on December 28, 2001, the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to notice, post an agenda of, and make available the minutes of a December 19, 2001 meeting.

 

3.      It is found that the respondent first selectman is a named defendant in a pending lawsuit between the now dissolved fire department of the town of Stafford and the town.

 

4.      It is found that on or about December 19, 2001, the Stafford Town Attorney met with the respondent first selectman at the first selectman’s office to prepare an answer to the plaintiff’s complaint in the lawsuit described in paragraph 3, above.  Also present at the meeting was Mr. Michael Waugh, a town employee, and the attorney from the town’s insurance carrier.

 

5.      Section 1-200(2), G.S., provides in relevant part that:

 

"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, 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:  an administrative or staff meeting of a single-member public agency . . .

 

6.      It is found that the Stafford Town Attorney initiated the gathering described in paragraph 4, above, and that no decision over which the respondent board has supervision, control, jurisdiction or advisory power was made at that meeting. 

 

7.      It is found that the gathering described in paragraph 4, above, was not a “meeting” of the respondent first selectman or of the respondent board within the meaning of §1-200(2), G.S.

 

8.      Consequently, the respondents did not violate the FOI Act by failing to notice, post an agenda or make minutes available, of such gathering as alleged by the complainant.

 

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 June 26, 2002.

 

 

_______________________________________

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:

 

Allen Bacchiochi

12 Hopyard Road

Stafford Springs, CT 06076

 

First Selectman, Town of Stafford;

and Board of Selectmen,

Town of Stafford

c/o Edward Muska, Esq.

PO Box 22, Two East Main Street

Stafford Springs, CT 06076

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2001-564/FD/paj/6/28/2002