FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Katherine Farrish and The Hartford Courant,

Complainants

against Docket #FIC 92-66

Daniel Leone, Frank D. Rich, Jr., John R. H. Blum, Otha N. Brown, Jr., Louise B. Carrozzella, Albert J. Kleban, Gerard J. Lawrence, Susan Nadolny, Lewis B. Rome, John J. C. Herndon, Kevin V. Dowling, Derek Haskew as Members of the Budget and Finance Committee, University of Connecticut, Board of Trustees,

Respondents January 19, 1993

The above-captioned matter was heard as a contested case on August 17, 1992, at which time the complainants 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 members of a public agency within the meaning of 1-18a(a), G.S.

2. By letter of complaint filed with the Commission on February 24, 1992, the complainants alleged that the respondents convened an "illegal executive session at a meeting held on February 14, 1992," in violation of 1-21, G.S. Specifically, the complainants alleged that the respondents discussed student tuition policy rather than collective bargaining strategy, which was the stated purpose for the executive session. The complainants requested the imposition of a civil penalty.

3. It is found that on February 14, 1992, the respondents held a regular meeting at which an executive session was called and convened for the stated purpose of discussing "collective bargaining."

Docket #FIC 92-66 Page 2

4. It is found that collective bargaining matters pertaining to Governor Weicker's request to negotiate concession agreements with the University of Connecticut's ("UCONN") faculty and professional staff were discussed during the executive session. Specicfically, the respondents discussed whether UCONN should ratify any agreement reached between state employee unions and the Governor.

5. It is found that there was no discussion of UCONN student tuition policy, except to the extent that there was a general discussion of the fiscal impact of ratification of any concession agreements on UCONN's operating budget, including revenue generated from student tuition and fees.

6. It is found that after the respondents reconvened the public portion of their meeting there was a motion made regarding a recommendation for an additional tuition increase or surcharge for students in fiscal year 1992-93, however, the Commission is not persuaded that the motion was the result of any improper discussions held during the executive session.

7. Finding no violation of 1-21(a), G.S., or any other provision of Connecticut's Freedom of Information Act, the complainants' request for the imposition of civil penalties against the respondents is hereby denied.

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 special meeting of January 15, 1993.

Debra L. Rembowski

Acting Clerk of the Commission

Docket #FIC 92-66 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:

Katherine Farrish

The Hartford Courant

285 Broad Street

Hartford, CT 06115

Daniel Leone, Frank D. Rich, Jr., John R. H. Blum, Otha N. Brown, Jr., Louise B. Carrozzella, Albert J. Kleban, Gerard J. Lawrence, Susan Nadolny, Lewis B. Rome, John J. C. Herndon, Kevin V. Dowling, Derek Haskew as Members of the Budget and Finance Committee, University of Connecticut, Board of Trustees

c/o Asst. Atty. Gen. Paul M. Shapiro

Uconn, U-177

605 Gilbert Road

Storrs, CT 06269-1177

Debra L. Rembowski

Acting Clerk of the Commission