FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Nicholas B. Wynnick,
Complainant(s)
against Docket #FIC 90-352
Ansonia Library Board of Directors,
Respondent(s) February 14, 1991
The above-captioned matter was heard as a contested case on October 25, 1990, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint. Docket #FIC 90-230 was consolidated for hearing with the above-captioned matter.
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. By letter of complaint dated October 9, 1990 and filed with the Commission on October 10, 1990, the complainant alleged that at the respondent's October 1, 1990 regular meeting (hereinafter "meeting") an executive session to discuss the "changing of library hours" was improperly convened and held.
3. It is found that the respondent met and convened an executive session on October 1, 1990, for the stated purpose of discussing the "changing of library hours."
4. The respondent contends that an executive session was proper under 1-18a(e)(1), G.S., to protect the confidentiality of any discussion concerning the impact of a change in library hours on the employment of particular employees of the library.
5. The respondent maintains that the union representative for the library employees was in attendance throughout the executive session to safeguard the interests of the library employees although no particular employees were notified that they might be discussed in the executive session.
Docket #FIC 90-352 Page 2
6. The respondent also maintains that an executive session was proper under 1-18a(e)(3), G.S., because part of the rationale for changing the library hours was to allow for the coordination of the library's hours of operation with daylight savings time in an effort to improve security for library users and library personnel.
7. It is found that the discussion concerning the impact of a change in library hours on the employment of library personnel was not a discussion about the "appointment, employment, performance, evaluation, health or dismissal" of an employee of the library within the meaning of 1-18a(e)(1), G.S.
8. It is found that the matters discussed in the executive session concerning the coordination of library hours with daylight savings time did not fall within the meaning of what constitutes "security strategy" as set forth in 1-18a(e)(3), G.S.
9. It is concluded that the matters described in paragraphs 3 and 5 of the findings, above, were discussed in executive session in violation of 1-18a(e), G.S.
10. It is further concluded that the complainant was wrongfully denied his right to attend such discussions as required by 1-21, G.S.
The following order by the Commission is hereby recommended
on the basis of the record concerning the above-captioned complaint:
1. Henceforth the respondent shall convene in executive session only for the specific purposes set forth in 1-18a(e)(1)-(5), G.S.
2. Henceforth the respondent shall act in strict compliance with the open meetings provisions clearly set forth in 1-21, G.S.
3. In addition, the Commission reminds the respondent that attendance at a properly convened executive session is limited to agency members and persons invited to give opinion and testimony as set forth in 1-21g(a), G.S.
Approved by order of the Freedom of Information Commission at its regular meeting of February 13, 1991.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-352 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:
NICHOLAS B. WYNNICK
55 Prospect Street
Ansonia, CT 06401
ANSONIA LIBRARY BOARD OF DIRECTORS
c/o James E. Sheehy, Esq.
303 Wakelee Avenue
Ansonia, CT 06401
Tina C. Frappier
Acting Clerk of the Commission