FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Edward R. Grant,
Complainant,
against Docket #FIC 89-155
Stafford
Ambulance Association, Inc.,
Respondent January 24, 1990
The above-captioned matter was heard
as a contested case on October 6, 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 30, 1989, the respondent held a meeting, not open to the
public, to discuss suspending the complainant.
In addition to the complainant, seven of the eight members of the
respondent's executive board were present.
3.
By letter dated May 8, 1989, and filed with the Commission on May 9,
1989, the complainant appealed to the Commission.
4.
At the Commission's hearing on this matter, the complainant requested
that a civil penalty be imposed upon the respondent.
5.
It is found that on April 30, 1989, the respondent's president
telephoned the complainant and informed him that he was being suspended and
that the executive board would hold a hearing.
At the complainant's request, the hearing was scheduled to take place
that evening at the Stafford town hall.
6.
It is found that the complainant arrived at the hearing with two other
members of the respondent who were not members of the executive board.
7.
It is found that the two members accompanying the complainant were asked
to leave and did so. The respondent's
chairman announced that it would be a closed meeting, despite
Docket #FIC
89-155 Page Two
the
complainant's request for an open meeting.
8.
It is found that the members of the respondent's executive board asked
the complainant many questions, that the complainant then left, and that the
executive board voted to suspend the complainant until September 1989.
9.
It is found that on September 10, 1989, the full membership of the
respondent voted to rescind the complainant's suspension and to offer the
complainant a hearing at an open meeting.
10.
It is found that this open meeting was scheduled to take place on
October 8, 1989, and to be a fully public hearing.
11.
It is found that a hearing of the respondent's executive board, attended
by seven of its eight members, is a meeting within the meaning of
1-18a(b), G.S.
12.
It is found that the respondent's executive board failed to file a
notice or agenda of its April 30, 1989, special meeting with the municipal
clerk twenty-four hours before the meeting took place.
13.
It is further found that the respondent's executive board failed to
allow public access to its meeting.
14.
It is concluded, therefore, that the respondent's executive board
violated 1-21(a), G.S., by failing to allow public access at its meeting
and failing to file a proper notice and agenda.
15.
It is found that, although the complainant has held several offices in
the time he has served the respondent, at the time in question he did not hold
any office.
16.
It is found that the discussion of the performance and suspension of a
rank-and-file volunteer to a public agency is not the discussion of the
performance and suspension of a public employee or officer.
17.
It is concluded that the respondent did not discuss in its closed
meeting any topic allowed to be discussed in executive session by
1-18a(e), G.S.
18.
It is found that the respondent failed to take the necessary vote to
convene in executive session and failed to publicly announce the purpose of the
executive session.
Docket #FIC
89-155 Page
Three
19.
Thus it is concluded the respondent further violated 1-21(a), G.S.,
by convening in executive session for an impermissible purpose, by failing to
follow the procedures required for convening in executive session, and by
voting in executive session.
The following order of the
Commission is hereby recommended on the basis of the complete record in the
above-captioned complaint:
1.
The respondent henceforth shall act in strict compliance with the open
meeting requirements of 1-21(a), G.S.
2.
The respondent's executive board and membership shall attend an
educational workshop to be given by a Commission staff attorney within 60 days
of the mailing of the notice of final decision in this matter.
3.
The Commission declines to issue a civil penalty in this matter.
Approved by
order of the Freedom of Information Commission at its regular meeting of
January 24, 1990.
Tina C.
Frappier
Acting Clerk
of the Commission
Docket #FIC
89-155 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:
EDWARD R. GRANT
9 Arnold Lane
Stafford
Springs, CT 06076
STAFFORD
AMBULANCE ASSOCIATION, INC.
c/o Joseph D.
Courtney, Esq.
P.O. Box 508
Vernon, CT 06066
Tina C.
Frappier
Acting Clerk of the Commission