FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Barbara L. DeGennaro,
Complainant
against Docket #FIC #FIC 90-136
Derby Board of Aldermen. and Derby Board of
Police Commissioners,
Respondent September 12, 1990
The
above-captioned matter was heard as a contested case on July 12, 1990, at which
time the complainant and the respondent appeared 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 1-18a(a), G.S.
2. By letter of complaint filed April 16,
1990, the complainant alleged that the respondents failed to complete minutes
for a joint meeting held on February 20, 1989.
3. The respondents claimed that the
February 20, 1989, gathering was not a meeting for the following reasons: it was not officially noticed, it was not
attended by the city clerk who takes minutes of regular meetings of the
respondent board of aldermen ("respondent board," hereinafter), it
was not attended by the chairman of the aldermanic police committee, and no
official action was taken.
4. It is found that on February 9, 1989,
the respondent board resolved to create a new position entitled administrative
lieutenant, which would be outside the present collective bargaining unit.
5. It is found that the police union
opposed the new position vigorously.
#FIC 90-136 page
two
6. It is found that the chairman of the
police committee of the respondent board called a meeting of his committee for
February 20, 1989, so that those who opposed the new position could be heard.
7. It is found that five of the nine
members of the respondent board including one member of the police committee,
all three members of the respondent police commission, and the mayor of the
city attended the February 20, 1989 meeting.
8. It is found that the meeting was open
to members of the public and the press.
9. It is found that the gathering had the
form of a public hearing at which members of the union, the mayor, and certain
members of the respondent board and the respondent police commission stated
opinions.
10. It is found that the gathering was
concluded with an announced decision by alderman Ronald Sill to hold a meeting
with the respondent police commission and the aldermanic police committee and
to report back to the respondent board.
11. It is found, notwithstanding the call for
a meeting of the aldermanic police committee, that the proceeding which
occurred on February 20, 1990 was a hearing of the respondent board on the
subject of the opposition of the police union to the creation of the new
position of administrative lieutenant.
12. It is concluded, therefore, that the
February 20, 1989, gathering was a meeting of the respondent board within the
meaning of 1-18a(a), G.S., and that minutes of the meeting were required
to be filed within seven days pursuant to 1-21, G.S.
13. It is found that the respondent has
recreated minutes from the personal notes made at the meeting by police
commissioner Mario Garafolo.
14. It is found that the minutes so created
satisfy the minutes requirements of 1-19(a) and 1-21, G.S.
The
following order by the Commission is hereby recommended on the basis of the
record concerning the above-captioned complaint:
1. Henceforth the respondent board of alderman
shall comply with the minutes requirements of 1-19(a) and 1-21, G.S.
#FIC 90-136 page
three
2. The complaint stated herein against the
respondent police commission is hereby dismissed.
Approved by order of the Freedom of Information
Commission at its regular meeting of September 12, 1990.
Tina
C. Frappier
Acting
Clerk of the Commission
#FIC 90-136 page
four
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:
BARBARA L. DEGENNARO
Ralph C. Crozier Law Offices, P.C.
P.O. Box 217
Seymour, CT 06483
DERBY BOARD OF ALDERMAN AND DERBY BOARD OF
POLICE COMMISSIONERS
c/o Francis A. Teodosio, Esq.
City of Derby
Office of the Corporation Counsel
40 Franklin Street
Ansonia, CT 06401
Tina
C. Frappier
Acting
Clerk of the Commission