FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Albert J. Carver,

 

                        Complainant

 

            against              Docket #FIC 91-400

 

Chairman, Wolcott Town Council,

 

                        Respondent                  July 22, 1992

 

            The above-captioned matter was heard as a contested case on June 30, 1992, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.         By letter of complaint filed December 24, 1991, the complainant appealed to the Commission, alleging that the respondent violated 1-21g, G.S.

 

            3.         Specifically, the complainant alleged that the respondent invited the Wolcott Town Council's recording secretary to be present at an executive session convened during the Council's December 3 and 17, 1991 regular meetings.

 

            4.         It is found that the Council convened an executive session during its December 3 and 17, 1991 regular meetings.

 

            5.         It is found that the respondent invited the Council's recording secretary to attend so that the Council might maintain accurate minutes of its executive sessions.

 

            6.         It is found that the recording secretary is not a member of the Council.

 

            7.         It is found that the recording secretary was not needed to present testimony or opinion at the executive session.

 

            8.         It is concluded that the respondent violated 1-21g(a), G.S.

 

Docket #FIC 91-400                           Page 2

 

            9.         At the hearing, the respondent acknowledged that the presence of the recording secretary during an executive session was not in compliance with 1-21g(a), G.S., and stipulated that he has not since February, 1991 and will not in the future invite the recording secretary into the Council's executive sessions.

 

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

 

            1.         Henceforth the respondent shall act in strict compliance with the requirements of 1-21g(a), G.S.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 22, 1992.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 91-400                           Page 3

 

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:

ALBERT J. CARVER

15 Frisbie Circle

Wolcott, CT 06716

 

WILLIAM F. TYNAN, ESQ.

Tynan & Iannone

250 Wolcott Road

Wolcott, CT 06716

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission