FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Charles R. Paquette,

Complainant

against Docket #FIC 89-272

Chester Shea, Margaret Sellers, Francesca Morano, Donald R. Hoenig, Joseph Kapitulik, Edmund Bonneau and Conservation Commission, Town of Thompson,

Respondents June 13, 1990

The above-captioned matter was heard as a contested case on March 12, 1990 and on May 3, 1990, at which times 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 filed with this Commission on June 26, 1989, the complainant alleged that the respondents violated 1-21, G.S. at their June 13, 1989 regular meeting by entering executive session without stating the reason for doing so and without first voting to do so.

3. It is found that at the June 13 meeting, respondent member Shea made a motion to enter executive session, which motion was seconded by respondent member Sellers.

4. It is found that at the time the motion identified in paragraph 3, above, was made, the complainant requested the reason for the executive session.

5. It is found that at the time of his June 13 request, the complainant was denied a reason for the respondents' executive session.

6. It is concluded that the respondents' failure to state the reason for entering executive session was a violation of 1-21(a), G.S. without reasonable grounds.

Docket #FIC 89-272 Page 2

7. It is also found that on June 13, the respondents entered executive session without a vote of its members to do so.

8. It is concluded that the respondents' failure to vote to go into executive session was a violation of 1-21(a), G.S. without reasonable grounds.

9. It is also concluded that Chester Shea was a respondent member directly responsible for the above-referenced violations.

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

1. The respondents shall forthwith comply with the provisions of 1-21(a), G.S., especially with respect to the provisions concerning an affirmative vote of two-thirds of its members to enter executive session and a statement of the reason for such.

2. The Commission hereby imposes a civil penalty of $100 upon respondent member Chester Shea. Payment of such civil penalty shall be made to the Commission within thirty days of the Notice of Final Decision in this matter.

3. The respondents shall contact the Commission within thirty days of the Notice of Final Decision in this matter to schedule an educational workshop to be conducted by a Commission member.

4. Although not within the scope of this complaint, the Commission notes that in executive session, the respondents engaged in discussion not permitted by 1-18a(e), G.S. This Commission, therefore, strongly suggests that the respondent take the opportunity at its educational workshop to inquire into this and any other areas of confusion concerning the FOIA.

Approved by order of the Freedom of Information Commission at its regular meeting of June 13, 1990.

Tina C. Frappier

Acting Clerk of the Commission

Docket #FIC 89-272 Page 2

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:

CHARLES R. PAQUETTE

36 Terrace Drive

Thompson, CT 06277

CHESTER SHEA, MARGARET SELLERS, FRANCESCA MORANO, DONALD R. HOENIG, JOSEPH KAPITULIK, EDMUND BONNEAU AND CONSERVATION COMMISSION, TOWN OF THOMPSON

c/o John D. Boland, Esquire

William H. St. Onge, Esquire

Boland, St. Onge & Brouillard

211 Kennedy Drive

P.O. Box 550

Putnam, CT 06260

Tina C. Frappier

Acting Clerk of the Commission