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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Edward R. Foley, Jr., |
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Complainant |
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against |
Docket #FIC 2002-447 | |
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Board
of Education, East Haven Public Schools, |
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Respondent |
February 26, 2003 | |
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The above-captioned matter was heard as a contested
case on December 10, 2002, at which time the complainant appeared and
presented testimony, exhibits and argument on the complaint. The respondent did not appear.
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 dated
September 19, 2002 the complainant appealed to this Commission alleging that
the respondent violated the FOI Act by convening improperly in executive
session to discuss the superintendent’s goals for the 2002 - 2003 school
year. The complainant requested
that this Commission declare null and void any action taken by the respondent
board as a result of the executive session and order that all notes and
minutes of the executive session be made available to the public.
3.
At the hearing on
this matter the complainant withdrew his request for this Commission to
declare null and void any action actions taken by the respondent as a result
of the executive session because he does not believe that respondent took any
actions at the conclusion of the executive session.
4.
It is found that the
respondent board held a regular meeting on September 10, 2002, (hereinafter
“the September 10, 2002 meeting”).
5.
It is found that the
respondent board convened in executive session during the September 10, 2002
meeting, met with the superintendent and discussed the superintendent’s
goals for the 2002-2003 school year.
6.
It is found that the
executive session was noticed on the respondent board’s September 10, 2002
meeting agenda as “Executive Session: Superintendent’s Goals for 2002-03.”
7.
Section 1-225(a), G.S.,
provides in relevant part that “[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.”
8.
Section 1-200(6), G.S.,
provides in relevant part that:
“Executive
sessions” means a meeting of a public agency at which the public is excluded
for one or more of the following purposes:
(A) 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; (B)
strategy and negotiations with respect to pending claims or pending
litigation to which the public agency or a member thereof, because of the
member’s conduct as a member of such agency, is a party until such
litigation or claim has been finally adjudicated or otherwise settled;
(C) matters concerning security strategy or the deployment of
security personnel, or devices affecting public security;
(D) discussion of the
selection of a site or the lease, sale or purchase of real estate by a
political subdivision of the state when publicity regarding such site, lease,
sale, purchase or construction would cause a likelihood of increased price
until such time as all of the property has been acquired or all proceedings or
transactions concerning same have been terminated or abandoned; and
(E) discussion of any matter which would result in the disclosure
of public records or the information contained therein described in subsection
(b) of section 1-210.
9.
It is found that the
discussion of the superintendent’s goals is not a permissible purpose for
convening in executive session within the meaning of §1-200(6), G.S., and
should have taken place during the open portion of the September 10, 2002
meeting.
10.
It is concluded that
the respondent violated §§1-200(a) and 1-225(a), G.S., when it convened in
executive session and discussed the superintendent’s goals.
The following order
by the Commission is hereby recommended on the basis of the record concerning
the above-captioned complaint.
1. The respondent shall conduct a diligent search for, and collect, any notes taken by any of the members of the respondent board during the executive session and file such notes with the minutes of its September 10, 2002 meeting.
2. Henceforth the respondent board shall strictly comply with the provisions of §§1-200(a)(6) and 1-225(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of February 26, 2003.
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Dolores E. Tarnowski
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:
Edward R. Foley, Jr.
22 Ure Avenue
East Haven, CT 06512
Board
of Education,
East
Haven Public Schools
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Dolores E. Tarnowski
Clerk of the Commission