FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by |
FINAL DECISION |
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Complainants |
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against |
Docket #FIC 2003-062 | |
David
Wiig, Chairman, Planning and Zoning
Commission, Town of Morris; Roger
Watts, Steven Paletsky, Chris Pawlowski,
Kim Dore, Kevin Chilson, Christine
Bochicchio and Richard Grinvalsky,
as members, Planning and Zoning
Commission, Town of Morris; and
Planning and Zoning Commission, Town of Morris, |
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Respondents |
November 12, 2003 | |
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The above-captioned matter was heard as
a contested case on June 3, 2003, at which time the complainants and the
respondents appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint. For purposes of hearing, this matter
was consolidated with Docket # 2003 ‑001, Marshall Klimasewiski and
Laurie Klimasewiski v. David Wiig, Chairman, Planning and Zoning Commission,
Town of Morris; Roger Watts, Steven Paletsky, Chris Pawlowski, Kim Dore, Kevin
Chilson, Christine Bochicchio and Richard Grinvalsky, as members, Planning and
Zoning Commission, Town o Morris; and Planning and Zoning Commission, Town of
Morris.
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(l),
G.S.
2.
By letter dated and filed on February 7, 2003, the complainants
appealed to this commission alleging that the respondents had violated the
Freedom of Information ("FOI") Act by:
a.
not permitting the videotaping of its regular meeting of January 8,
2003 (hereinafter, "meeting");
Docket
# FIC 2003-062
Page 2
b.
failing to comply with complainant Laurie Klimasewiski's written
request, dated December 26, 2002, asking for notification by telephone or fax of any meetings of the respondent commission;
c.
discussing matters that were not noticed on the January 13, 2003
special meeting agenda (notice); and
d.
discussing a matter that was not noticed on the January 16, 2003
special meeting agenda (notice).
3.
The complainants request the imposition of civil penalties for the
violations of the FOI Act they have alleged in paragraph 2., of the findings,
above.
4.
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" does not include: . . communication limited to
notice of meetings of any public agency or the agendas thereof.
5.
Section 1-225(a), G.S., provides in relevant part:
The meetings of all public agencies, except executive sessions, as defined in subdivision (6) of section 1-200, shall be open to the public. The votes of each member of any such public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken, which minutes shall be available for public inspection within seven days of the session to which they refer.
6.
Section 1-225(d), G.S., provides in relevant part that "[t]the
notice
[of
a special meeting] shall specify the time and place of the special meeting and
the business to be transacted. No
other business shall be considered at such meetings by such public
agency."
Docket
# FIC 2003-062
Page 3
7.
Section 1-225(c), G.S., provides in relevant part:
[N]o
member of the public shall be required,
as a condition to attendance at a meeting of any such body, to register
the member's name, or to furnish other information, or complete a
questionnaire or otherwise fulfill any condition precedent to the member's
attendance. [Emphasis added.]
8.
Section 1-226(a), G.S., provides:
(a)
At any meeting of a public agency which is open to the public, pursuant to the
provisions of section 1-225, proceedings of such public agency may be
recorded, photographed, broadcast or recorded for broadcast, subject to such
rules as such public agency may have prescribed prior to such meeting, by any
person or by any newspaper, radio broadcasting company or television
broadcasting company. Any
recording, radio, television or photographic equipment may be so located
within the meeting room as to permit the recording, broadcasting either by
radio or television, or by both, or the photographing of the proceedings of
such public agency. The
photographer or broadcaster and its personnel, or the person recording the
proceedings, shall be required to handle the photographing, broadcast or
recording as inconspicuously as possible and in such manner as not to disturb
the proceedings of the public agency. As
used herein the term television shall include the transmission of visual and
audible signals by cable.
(b) Any such public agency may
adopt rules governing such recording, photography or the use of such
broadcasting equipment for radio or television stations but, in the absence of
the adoption of such rules and regulations by such public agency prior to the
meeting, such recording, photography or the use of such radio and television
equipment shall be permitted as provided in subsection (a).
9.
With respect to the allegations raised in paragraph 2a., of the
findings, above, it is found that the complainants hired an individual to
videotape the meeting.
10. It
is also found that the respondent members of the respondent commission
attempted to intimidate the individual hired to videotape the meeting by
continuously asking him to identify himself and give the reason he was
videotaping the meeting.
Docket
# FIC 2003-062
Page 4
11.
The respondents contend that their inquiry was proper because a member
of the public might later ask the respondents for a copy of the videotape and
they would need to know the name of the individual videotaping the meeting to
comply with such a request.
12.
It is found that the respondents’ arguments, as set forth in
paragraph 11., of the findings, above, is both incredible and disingenuous. It is further found that the respondents offered no evidence
that the individual videotaping the meeting conducted himself in such a way as
to disrupt the meeting.
13.
It is further found that although the members of the respondent
commission eventually voted (4 in favor and 3 against) to permit the
videotaping at issue, and the videotaping did occur, the respondents’
attempted intimidation of the person videotaping the meeting as described in
paragraph 10., above, was not in keeping with the letter and spirit of the
law, and, therefore, constituted a violation of §§1-225(e) and 1-226, G.S.
In this regard, but for the strength of character of the individual
videotaping the meeting in the face of the respondents’ attempts at
intimidation, he, and perhaps others similarly situated, would have been
forced to either identify himself or forego videotaping a meeting of the
respondent commission, contrary to the provisions of the FOI Act cited herein.
14. With
respect to the allegations raised in paragraph 2b., of the findings, above, it
is found that the complainant Laurie Klimasewiski made a written request,
dated December 26, 2002, to David Wiig, chairman of the respondent commission,
stating:
“Please notify me, by phone or fax,
of any regular, special or emergency meetings of the Morris Planning and
Zoning Commission.”
15. It
is found that the respondent commission held a special meeting on January 16,
2003. It is further found that the agenda for the special meeting was prepared
on January 14, 2003, at the latest.
16. Section
1-227, G.S., requires a public agency to "where practicable, give notice
by mail of each regular meeting and any special meeting which is called, at
least one week prior to the date set for the meeting, to any person who has
filed a written request for such notice".
It is found that under the facts and circumstances of this case, it was
practicable to give such notice by
mail. Consequently, it is
concluded that the respondents violated the provisions of §1-227, G.S., by
failing to provide the complainant Laurie Klimasewiski with notice via mail.
17. With
respect to the allegations raised in paragraph 2c., of the findings, above, it
is found that the agenda (notice) of the respondent commission's January 13,
2003 special meeting listed a number of specific items that were discussed at
that
Docket
# FIC 2003-062
Page 5
meeting.
It is further found, however, that the respondents also discussed a
number of matters that were not listed on the agenda (notice) of that meeting,
which were, in fact, discussed at that meeting.
18. With
respect to the allegation raised in paragraph 2d. of the findings, above, it
is found that the agenda (notice) of the respondent commission's January 16,
2003 special meeting listed a number of items, none of which specifically
relate to the topics of permitting videotaping of the meeting and whether such
videotape would be admissible in court, although those subjects were, in fact,
discussed at that meeting.
19. It
is therefore concluded that the respondents violated §§1-225(a) and
1-225(d), G.S., by failing to fairly apprise the public in the respondent
commission's notices, of the business to be transacted at the January 13, 2003
and January 16, 2003 special meetings.
20.
The Commission declines to consider the imposition of civil penalties
in this matter.
The following order by the Commission
is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1.
Henceforth, the respondents shall strictly comply with the provisions
of §§1-225(a), (d) and (e), 1-226, and 1-227, G.S.
Approved by
Order of the Freedom of Information Commission at its regular meeting of
November 12, 2003.
___________________________________
Ann B. Gimmartino
Acting Clerk of the Commission
Docket
# FIC 2003-062
Page 6
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:
Marshall and Laurie Klimasewiski
c/o Ralph S. Keen III, Esq.
406 Farmington Avenue
Farmington, CT
06032
David Wigg, Chairman
Planning and Zoning Commission
Town of Morris
141 Benton Road
Morris, CT 06763
Roger Watts, Member
Planning and Zoning Commission
Town of Morris
34 W. Morris Road
Morris, CT 06763
Steven Paletsky, Member
Planning and Zoning Commission
Town of Morris
111 Thomaston Road
Morris, CT 06763
Chris Pawlowski, Member
Planning and Zoning Commission
Town of Morris
15 North Street
Morris, CT 06763
Kim Dore, Member
Planning and Zoning Commission
Town of Morris
59 Litchfield Road
Morris, CT 06763
Docket
# FIC 2003-062
Page 7
Kevin Chilson, Member
Planning and Zoning Commission
Town of Morris
159 Eastshore Road
Morris, CT 06763
Christine Bochicchio, Member
Planning and Zoning Commission
Town of Morris
285 Bantam Lake Road
Morris, CT 06763
Richard Grinvalsky, Member
Planning and Zoning Commission
Town of Morris
210 Stoddard Road
Morris, CT 06763
Planning and
Zoning Commission
Town of Morris
P.O. Box 66
Morris, CT 06763
___________________________________
Ann B. Gimmartino
Acting Clerk of the Commission
FIC/2003-062/FD/abg/11/13/2003