FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Bernard Lavey,
Complainant,
against Docket #FIC 89-138
Mayor, Town of
Hamden,
Respondent January 10, 1990
The above-captioned matter was heard
as a contested case on September 19 and October 31, 1989, 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.
On April 11, 1989, the respondent held a hearing, attended by the
respondent's attorney, the Hamden fire chief and his attorney, the Hamden
deputy fire chief and his attorney, the town attorney, a recording secretary,
the complainant, and a journalist.
3.
By letter dated April 11, 1989, and filed with the Commission on April
24, 1989, the complainant appealed to the Commission, alleging an illegal
executive session was held and requesting a null and void order.
4.
At the Commission's hearing on this matter, the complainant withdrew his
request for a null and void order and instead requested a civil penalty.
5.
It is found that the topic of the respondent's April 11, 1989, gathering
was whether and what disciplinary action against the fire chief and deputy fire
chief was appropriate based on allegations about a misappropriation of town
funds in purchasing certain vehicles for the fire department.
6.
It is found that shortly after starting, the accuseds' attorneys
requested an executive session and the respondent called an "executive
session," moving to a different room and excluding the complainant and the
journalist.
Docket #FIC
89-138 Page Two
7.
It is found that the town attorney then presented the evidence the town
had to support the charges against the fire chief and deputy chief, who
consulted with their attorneys and then agreed to the facts as presented.
8.
It is found that the respondent wrote his decision in note form while
listening to the town attorney's presentation, and then, after allowing public
access again, read his decision aloud.
9.
It is found that the respondent is a single-member public agency.
10.
It is found that the gathering in question was an administrative meeting
of the respondent.
11.
Thus it is concluded that the gathering was not a meeting within the
meaning of 1-18a(b), G.S.
The following order of the
Commission is hereby recommended on the basis of the complete record in the
above-captioned complaint:
1.
The complaint is hereby dismissed.
2.
The Commission cautions the respondent that using the term
"executive session" when holding an administrative meeting of a
single-member agency may be confusing or misleading to the public.
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
89-138 Page
Three
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:
BERNARD LAVEY
27 Eaton Woods
Road
Hamden, CT 06518
MAYOR, TOWN OF
HAMDEN
c/o Francis E.
Lamboley, Esquire
2827 Old Dixwell
Avenue
Hamden, CT 06518
Tina C.
Frappier
Acting Clerk of the Commission