FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on November 26, 2007, at which time the complainant and respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.   For purposes of hearing, the above-captioned matter was consolidated with Docket #FIC 2007-323; John V. Millo v. Board of Fire Commissioners, City of Shelton.

 

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 May 30, 2007, and filed on May 31, 2007, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act at its May 15, 2007 regular meeting by:

 

a.       conducting business that was not on the agenda for that meeting;

 

b.      discussing his job performance and voting to take disciplinary action against him, in open session, without his presence at that meeting; and

 

c.       voting to take action against him without providing him notice and an opportunity for him to be heard and defend himself at that meeting.

 

3.      It is found that the respondent held a regular meeting on May 15, 2007, the agenda for which stated in relevant part as follows:   

 

F. OLD BUSINESS . . .

                 

            …9. Job Reviews of Assistant Chiefs (Executive Session)

                    

4.      It is found that at the time of the respondent’s May 15, 2007 regular meeting, the complainant was serving as Acting Chief of the Shelton Fire Department and in that capacity was expected to write and submit to the respondent, by December of 2006, his reviews of the performance of the assistant fire chiefs.

 

5.      It is found that at the time of the May 15, 2007 regular meeting, the complainant had still not submitted the job review of at least one assistant fire chief because that assistant fire chief could not attend the meeting and the complainant did not want the discussion to take place without the presence of that assistant fire chief.

 

6.      It is found that the complainant informed the respondent that since the assistant fire chief could not attend the May 15, 2007 regular meeting, he would not be attending the meeting either.

 

7.      With respect to the complainant’s allegation described in paragraph 2a, above, §1-225(c), G.S., provides in relevant part that:

 

The agenda of the regular meetings of every public agency . . . shall be available to the public and shall be filed, not less than twenty-four hours before the meetings to which they refer, in such agency's regular office or place of business . . . Upon the affirmative vote of two-thirds of the members of a public agency present and voting, any subsequent business not included in such filed agendas may be considered and acted upon at such meetings.

 

8.      In Zoning Board of Appeals of the Town of Plainfield, et al. v. FOIC et al., Superior Court, Docket No. CV 99-0497917-S, Judicial District of New Britain, Memorandum of Decision dated May 3, 2000 (Satter, J.), reversed on other grounds, 66 Conn. App. 279 (2001), the court observed that one purpose of a meeting agenda “is that the public and interested parties be apprised of matters to be taken up at the meeting in order to properly prepare and be present to express their views,” and that “[a] notice is proper only if it fairly and sufficiently apprises the public of the action proposed, making possible intelligent preparation for participation in the hearing.”

 

9.      It is found that under agenda item F.9 described in paragraph 3, above, the respondent intended to discuss the job reviews described in paragraph 4, above.  It is found, however, that when the respondent reached that item of business during the May 15, 2007 meeting, a motion was made, and unanimously approved, to send the complainant a letter stating that he failed to write and submit the job reviews to the respondent since December and that if he did not submit the reviews to the respondent by the next meeting, he would be put on administrative leave.

 

10.   It is found that the discussion held by the respondent in this regard was interrelated to the business that was noticed on its agenda.

 

11.   It is found that the discussion described in paragraph 9, above, was reasonable under the circumstances and that the action taken was directly related to that discussion.

 

12.   It is found that, under the facts and circumstances of this case, the agenda item as described in paragraph 3, above, fairly apprised the public of the business to be conducted.

 

13.   It is concluded, therefore, that the respondent did not conduct business that was not on its May 15, 2007 regular meeting agenda and did not violate the FOI Act as alleged by the complainant.

 

14.   With respect to the complainant’s allegation described in paragraphs 2b and 2c, above, the complainant has not alleged a violation of the FOI Act.

 

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.

 

2.  Although no violation is found, the respondent is advised that, during regular meetings, it can vote to add items to the agenda.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 23, 2008.

 

 

________________________________

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:

 

John V. Millo

Chief, Fire Department

City of Shelton

54 Hill Street

Shelton, CT 06484

           

Board of Fire Commissioners,

City of Shelton

54 Hill Street

Shelton, CT 06484

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-322FD/paj/1/28/2008