FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by            FINAL DECISION

 

J. Lloyd Fleming,

 

                        Complainant(s)

 

            against              Docket #FIC 90-167

 

Milford Human Resources Development Agency Board of Directors, and Claire Phelan, as Chairperson of the Milford Human Resources Development Agency Board of Directors,

 

                        Respondent(s)              October 24, 1990

 

            The above-captioned matter was heard as a contested case on August 20, 1990, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The original caption for this case was J. Lloyd Fleming v. Claire Phelan, Chairperson, Human Resources Development Agency Board of Directors of the City of Milford.  However, that caption did not correctly identify the respondents in this matter.  Therefore, the caption for docket #FIC 90-167 has been amended to reflect the correction.

 

            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 May 4, 1990, and filed with this Commission on May 8, 1990, the complainant alleged that:

 

            (a)  at the respondent board's April 11, 1990 regular meeting (hereinafter "meeting") the respondents improperly and illegally convened an executive session to discuss "Committee Reports--Personnel;" and

 

            (b)  the notice of meeting and agenda for the meeting failed to inform the public that an executive session would be called.

 

Docket #FIC 90-167                                      Page 2

 

            3.  At the hearing on this matter, the respondents admitted that they violated 1-18(a)(e) and 1-21, G.S., when they convened an executive session for purposes other than those expressly set forth in 1-18(a)(e)(1)-(5), G.S.

 

            4.  The respondents explained that their failure to comply with 1-18(a)(e) and 1-21, G.S., resulted from their misinterpretation of their rights and responsibilities under 1-18(a)(e) and 1-21, G.S., rather than from a wilful disregard of the requirements of the Freedom of Information Act (hereinafter "FOIA").

 

            5.  The respondents claimed that the sole purpose for the executive session was to discuss the impact of fiscal problems on agency morale, and not to discuss or take any action regarding any employee of the respondent agency.

 

            6.  It is found that although the respondents violated 1-18(a)(e) and 1-21, G.S., by convening an executive session for an improper purpose, the respondents neither discussed nor took any action regarding any employee of the respondent agency.

 

            7.  It is further found that there is no basis for the imposition of a null and void order as requested by the complainant.

 

            8.  The Commission declines to impose a civil penalty as requested by the complainant.

 

            The following order by the Commission is hereby recommended

on the basis of the record concerning the above-captioned complaint:

 

            1.  Henceforth the respondents shall convene in executive session only for the specific purposes set forth in 1-18(a)(e)(1)-(5), G.S.; and prior to convening in executive session the respondents shall accurately state the purpose for such session as required by 1-21(a), G.S.

 

Docket #FIC 90-167                                      Page 3

 

            2.  Within two weeks of the issuance of the Commission's notice of final decision in this matter, the respondents shall contact the Commission to schedule an educational workshop to be conducted by a Commission staff attorney.

 

            3.  The Commission notes that a great deal of time has elapsed since an educational workshop on the FOIA was held in Milford.  Therefore, the respondents shall publicly post notice of the date, time and location of the workshop ordered in paragraph 2 of this order at least one week before the FOIA workshop.  In addition, the Commission suggests that Milford's City Attorney encourage members of other public agencies in Milford to attend the aforementioned workshop to seek further education regarding their responsibilities under the FOIA.

 

Approved by order of the Freedom of Information Commission at its regular meeting of October 24, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-167                                      Page 4

 

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:

J. LLOYD FLEMING

27 Platt Street

Milford, CT 06460

 

MILFORD HUMAN RESOURCES DEVELOPMENT AGENCY BOARD OF DIRECTORS, AND CLAIRE PHELAN, AS CHAIRPERSON OF THE MILFORD HUMAN RESOURCES DEVELOPMENT AGENCY BOARD OF DIRECTORS

c/o Marilyn J. Lipton, Esq.

Office of the City Attorney

7 Grove Street

Milford, CT 06460

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission