FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Rosilda Lasch,
Complainant
against Docket #FIC 89-27
Scotland Board
of Education and Scotland Superintendent of Schools,
Respondents January 10, 1990
The above-captioned matter was heard
as a contested case on March 2, 1989, 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 1-18a(a), G.S.
2. By letter of complaint dated
January 13, 1989 and filed with the Commission on January 24, 1989, the
complainant appealed to the Commission, alleging that the respondents
interviewed candidates to fill a vacancy on the respondent board in closed
session, and that the respondent board improperly convened in executive session
with the respondent superintendent to discuss such candidates.
3. It is found that members of the
board met on January 9, 1989 with the superintendent to interview candidates
for a vacancy in the board to be filled pursuant to 10-219, G.S..
4. It is found that the board
conducted the interviews in open session, and that the interviews were on the
agenda for the January 9, 1989 meeting.
5. The complainant maintains that it
was a conflict of interest for the superintendent, as an employee of the board,
to participate in interviews of candidates for the vacancy on the board.
6. It is concluded, however, that
nothing in the Freedom of Information Act limits attendance at or participation
in open meetings conducted in conformity with 1-21(a), G.S.
Docket #FIC
89-27 Page 2
7. It is concluded therefore that
the superintendent's participation in interviews of candidates for the board
vacancy did not violate the Freedom of Information Act.
8. It is found that at its January
9, 1989 meeting, the board also convened in executive session to discuss the
candidates being considered to fill the vacancy in the board.
9. It is also found that, at the
invitation of the board, the superintendent was present at the executive
session.
10. It is found that the superintendent's
attendance was necessary to present testimony or opinion pertinent to the
board's discussion of the candidates.
11. It is concluded therefore that
the superintendent's attendance at the executive session was permissible
pursuant to 1-21g(a), G.S.
12. The complainant also maintains
that, consistent with previous Commission decisions, the board's discussion of
candidates to fill a vacancy in an otherwise elective office is not a proper
purpose for an executive session pursuant to 1-18(a)(e)(1) and
1-21(a), G.S.
13. Subsequent to the hearing on
this matter, however, the Connecticut Supreme Court issued its decision in
Board of Education v. Freedom of Information Commission, 213 Conn. 216 (1989),
holding that the term "filling a vacancy" as used in 10-219,
G.S., constitutes an "appointment" within the meaning of
1-18(a)(e)(1), G.S.
14. It is concluded, therefore, that
the respondent board did not violate 1-18a(e)(1) and 1-21(a) by
convening in executive session to discuss candidates for a vacancy in the
board.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The complaint is hereby
dismissed.
Approved by
order of the Freedom of Information Commission at its regular meeting of
January 10, 1990.
Tina C.
Frappier
Acting Clerk
of the Commission
Docket #FIC
89-27 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:
ROSILDA LASCH
Town Clerk
Route 97, P.O.
Box 122
Scotland, CT
06264
SCOTLAND BOARD
OF EDUCATION AND SCOTLAND SUPERINTENDENT OF SCHOOLS
c/o Mark
Ostrowski, Esquire
Shipman &
Goodwin
799 Main Street
Hartford, CT
06103
Tina C.
Frappier
Acting Clerk
of the Commission