FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Elissa Bass and The Day,
Complainants
against Docket #FIC 90-263
New London Board of Ethics,
Respondent April 24, 1991
The above-captioned matter was heard as a contested case on August 14 and August 28, 1990, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The case was consolidated for the purposes of hearing with docket numbers FIC 90-137, 90-180, 90-213, 90-226, 90-234, 90-240, 90-247, and 90-256.
At the hearing, the requests of Alfred Shafer and John Winslow to participate as intervenors were granted.
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 July 13, 1990 and filed with the Commission on July 16, 1990, the complainants appealed to the Commission, amending their complaint in Docket #FIC 90-234 and alleging that the respondent held its hearing into charges of ethical misconduct in closed session on June 12, 1990, and requesting that the Commission order the respondent to make public all transcripts of its hearings and all findings, conclusions and evidence concerning its investigation of the public works department.
3. It is found that the respondent met in closed session on June 12, 1990 to conduct a hearing into allegations of ethical misconduct.
4. It is found that P.A. 89-229 amended 7-148h, G.S., to apply the provisions of 1-82a, G.S., to investigations of allegations of ethics violations by municipal ethics agencies.
Docket #FIC 90-263 Page 2
5. Section 1-82a(b), G.S., provides:
An investigation conducted prior to a probable cause finding shall be confidential except upon the request of the respondent. If an investigation is confidential, the allegations in the complaint and any information supplied to or received from the commission shall not be disclosed during the investigation to any third party by a complainant, respondent, witness, designated party, or commission or staff member.
6. Section 1-82a(d), G.S., provides in relevant part: "[i]f the commission makes a finding of no probable cause, the complaint and the records of its investigation shall remain confidential ...."
7. It is found that the Board of Ethics made no finding of probable cause, and that the respondent in its investigation did not request that the investigation not be confidential.
8. It is found that disclosure of the transcripts of the respondent's proceedings would reveal an investigation conducted prior to a probable cause finding and information supplied to or received from the respondent.
9. It is also found that the complainant made no request of the respondent for the transcripts or for the respondent's findings or conclusions.
10. It is concluded that the respondent did not violate the Freedom of Information Act by declining to make public the transcripts or its findings or conclusions referenced in paragraph 2, above.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
Approved by order of the Freedom of Information Commission at its regular meeting of April 24, 1991.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-263 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:
ELISSA BASS AND THE DAY
c/o Rod W. Farrell, Esq.
McGuire and McGuire
P.O. Box 270
68 Federal Street
New London, CT 06320
NEW LONDON BOARD OF ETHICS
c/o Thomas W. Boyce, Jr., Esq.
Faulkner & Boyce, P.C.
216 Broad Street
P.O. Box 66
New London, CT 06320
INTERVENORS
ALFRED SHAFER
c/o Michael E. Kennedy, Esq.
Brown, Jacobson, Tillinghast, Lahan and King, P.C.
22 Courthouse Square
Norwich, CT 06360
JOHN E. WINSLOW
P.O. Box 99
Quaker Hill, CT 06375
and
c/o William E. McCoy, Esq.
Heller, Heller and McCoy
736 Norwich-New London Turnpike
Uncasville, CT 06382
Tina C. Frappier
Acting Clerk of the Commission