In the Matter of a Complaint by FINAL DECISION


David E. Williams,




against Docket #FIC 86-262


City of Ansonia Board of Police Commissioners,


Respondent December 16, 1986


The above-captioned matter was heard as a contested case on October 14, 1986, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint but the respondent failed to appear.


After consideration of the entire record, the following facts are found:


1. The respondent is a public agency within the meaning of 1-18a(a), G.S.


2. The respondent held a regular meeting on April 9, 1986 during which it convened in executive session to discuss "personnel matters and union grievances #331 and #335."


3. On August 11, 1986 the complainant made a request, in writing, for a copy of the minutes of the respondent's April 9, 1986 executive session. The complainant was told at such time that no minutes of an April 9, 1986 executive session were available.


4. By letter of complaint filed with the Commission on September 10, 1986 the complainant alleged that the respondent failed to record minutes of the April 9, 1986 executive session, improperly recorded minutes of the regular meeting and failed to record the names of persons present during the executive session.


5. The complainant also alleged that the April 9, 1986 executive session was "illegal" and that he suspected that he was discussed by the respondent during such executive session.


6. It is found that the April 9, 1986 meeting of the respondent was not an unnoticed or secret meeting within the


Docket #FIC 86-262 Page Two


meaning of 1-21i(b), G.S. The complaint having been filed more than 30 days after the April 9, 1986 meeting, this Commission lacks jurisdiction over allegations relating to the conduct of such meeting.


7. It is found that as of August 11, 1986 the respondent had failed to record in the minutes of its April 9, 1986 regular meeting its vote to convene in executive session, the purpose for such executive session, or the names of all persons attending the executive session, in violation of 1-21(a) and 1-21g, G.S.


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


1. The respondent shall forthwith prepare amended minutes of its April 9, 1986 regular meeting which reflect its vote to convene in executive session, the purpose of such executive session and the names of all persons attending such executive session.


Approved by order of the Freedom of Information Commission at its special meeting of December 16, 1986


Catherine I. Hostetter

Acting Clerk of the Commission