FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
James R. Jakubowski,
Complainant,
against Docket
#FIC 87-297
Norwich City Council and
Norwich Alderwoman Bonita Hong,
Respondents February
10, 1988
The above-captioned matter was heard as a contested case
on November 18, 1987, 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:
1. The
respondents are public agencies within the meaning of §1-18a(a), G.S.
2. The respondent
council convened in executive session during its regular meeting of October 5,
1987.
3. By letter
dated October 12, 1987, and filed with the Commission on October 13, 1987, the
complainant appealed to the Commission, alleging the respondent alderwoman
convened the executive session for impermissible purposes.
4. It is found
that the respondent alderwoman moved to convene in executive session to discuss
"a personnel matter."
5. It is found
that the respondent alderwoman wanted to discuss the performance of the city
manager in the executive session.
6. It is found
that the city manager is a public employee and that under §1-18a(e)(1), G.S.,
his performance is a permissible topic for executive session.
7. It is further
found that the respondent council voted unanimously to go into the executive
session.
8. It is also
found, however, that although the purpose of the executive session was stated
publicly, it was too vague to communicate clearly to the public the actual
purpose of the executive session.
Docket #FIC 87-297 Page
Two
9. It is
concluded, therefore, that the respondent council violated §1-21(a), G.S., by
not stating publicly the reason for the executive session in a way that clearly
communicated it to the public.
10. It is found
that the city clerk was present for much of the executive session and that both
the city manager and corporation counsel were present for the entire executive
session.
11. It is
concluded that to the extent the city clerk's, city manager's and corporation
counsel's presence was not necessary to present testimony or opinion in the
executive session, the respondent council was in violation of §1-21g(a), G.S.
12. It is found
that the city manager's general performance and his communications with the
respondent council were discussed in the executive session.
13. It is found
that the following other topics were discussed in the executive session, both
within and beyond the context of the city manager's handling of each matter:
a. a water problem at Tetreault and Belleau
Avenues,
b. a study of the police, fire and public works
departments' management and a forthcoming preliminary report of the study,
c. a water supply line from Lebanon to
Colchester, and
d. the architect and blueprints for certain
city chambers renovations.
14. It is found
that beyond the context of the city manager's performance, the topics described
in paragraph 13, above, are not permissible topics for executive session under
§1-18a(e), G.S.
15. It is
concluded, therefore, that the respondent council violated §§1-18a(e) and
1-21(a), G.S., by discussing topics that are not permissible for an executive
session.
Docket #FIC 87-297 Page
Three
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The complaint
as to the respondent alderwoman is hereby dismissed.
2. The respondent
council shall henceforth act in strict compliance with the requirements of
§§1-18a(e), 1-21(a) and 1-21g(a), G.S.
3. The respondent
council shall schedule a workshop for its members and staff on the requirements
of the Freedom of Information Act. The
respondent council shall make the necessary arrangements with the Commission's
staff so that the workshop shall be held no later than 60 days from the mailing
of the notice of final decision in this case.
4. The Commission
recommends that corporation counsel attend the workshop described in paragraph
3 of the order, above.
5. The Commission
notes that all municipal agencies are invited to the Freedom of Information
Council's educational conference held annually in early January and encourages
the respondent council to take advantage of this educational opportunity.
Approved by order of the Freedom of Information
Commission at its regular meeting of February 10, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission