FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

  

The above-captioned matter was heard as a contested case on May 5, 2008, 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 November 21, 2007 and filed November 23, 2007, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by permitting the attendance of people who were not members of the respondent town council at its Republican caucus and, thereby, excluding the public from a public meeting of the town council. 

 

3.      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 . . . a caucus of members of a single political party notwithstanding that such members also constitute a quorum of a public agency. . . .” 

 

4.      Section 1-200(3), G.S., provides in relevant part that  “ ‘[c]aucus’  means . . . a convening or assembly of the enrolled members of a single political party who are members of a public agency within the state or a political subdivision . . . .”

 

5.      It is found that at the November 7, 2007 meeting of the respondent town council, the chairman called a recess, during which time at least four Republican members of the town council left the council chamber in order to caucus.

 

6.      It is found that five members constitute a quorum of the respondent town council.

 

7.      It is found that several people who were not members of the respondent town council joined the four Republican members.  It is found that the Chairman of the Republican Vacancy Committee, the Republican Town Chairman, and the Chairman of the Sewer and Water Commission joined the Republican gathering, which convened in a corner of the hallway near the council chamber.

 

8.      Based on the findings in paragraph 7, above, it is concluded that the gathering was not a “caucus,” within the meaning of §1-200(3), G.S.

 

9.      It is found that at the gathering, the Republican town council members and the other people in attendance discussed the selection and nomination of a Vice-Chairman when the town council meeting resumed after the recess.

 

10.   It is found that the complainant, who is a member of the respondent town council and a member of the Democratic Party, asked to join the discussion, described in paragraph 9, above, but the respondent Chairman Mark Wagner refused, claiming that the group was a Republican caucus.

 

11.   It is found that the discussion lasted approximately 15 minutes, at which time the town council meeting resumed with the election of the Vice Chairman.

 

12.   It is found that the nomination and election of Vice Chairman of the town council is “a matter over which the public agency has supervision, control, jurisdiction or advisory power,” within the meaning of §1-200(2), G.S. 

 

13.   It is found that the gathering of the respondent Republican town council members was a “proceeding,” and therefore, a “meeting” of the respondent town council, within the meaning of §1-200(2), G.S.

 

14.   It is found that the complainant was excluded from the meeting, described in paragraph 13, above, in violation of §1-225, G.S., which provides in relevant part:

 

(a) 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 . . .

 

15.   It is concluded that the meeting, described in paragraph 13, above, violated the requirements of §1-225, G.S.

 

16. The Commission declines to consider the imposition of a civil penalty against the respondents.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1.      Within 30 days of the date of this Final Decision, the respondents shall file minutes of the meeting, described in paragraph 13 of the findings of fact, above.  Such minutes shall include, at a minimum, the issue(s) discussed and the votes of each member of the respondent town council present at the meeting.

 

2.      Henceforth, the respondents shall comply with all the requirements of §1-225, G.S.

 

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 25, 2008.

 

________________________________

S. Wilson

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 Santogatta

351 Spindle Hill Road

Wolcott, CT 06716

           

Mark Wagner, Chairman, Town Council,

Town of Wolcott; Anthony Marino,

David Valetta, Christopher O’Brien and

Michael Bokon, as members, Town Council,

Town of Wolcott; Thomas Dunn, Mayor,

Town of Wolcott; and Town Council,

Town of Wolcott

c/o Brian Tynan  Esq.

Tynan & Iannone

250 Wolcott Rd.

Wolcott, CT 06716-2634

 

 

 

 

 

___________________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2007-637FD/sw/6/27/2008