FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Norman Cormier,

 

                        Complainant

 

            against              Docket #FIC 92-307

 

Ellington Volunteer Ambulance Corps, Inc.,

 

                        Respondent                  June 11, 1993

 

            The above-captioned matter was heard as a contested case on March 29, 1993, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  By letter of complaint filed with this Commission on October 2, 1992, the complainant alleged that the respondent violated the provisions of the FOI Act by conducting an improper executive session at its meeting of September 14, 1992.

 

            3.  It is found that at the respondent's September 14, 1992 meeting, the complainant was excluded from a portion of the meeting during which the respondent received the secretary's and treasurer's reports.

 

            4.  The respondent claims that until recently it was unaware that the Freedom of Information Act applied to its organization.

 

            5.  It is concluded that the respondent's denial of access to a portion of its September 14, 1992 meeting constitutes a violation of 1-21(a), 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 strictly comply with the provisions of 1-21(a), G.S.

 

            2.  The Commission cautions the respondent that failure to

 

Docket #FIC 92-307                           Page 2

 

so comply in the future may expose the respondent's members to the imposition of civil penalties and may subject the respondent to an invalidation of its votes taken at meetings not conducted under the mandates of the FOI Act.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 9, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 92-307                           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:

Norman Cormier

c/o Atty. Brian S. Newman

707 Main Street

P. O. Box 1402

Manchester, CT 06045-1402

 

Ellington Volunteer Ambulance Corps., Inc.

c/o Atty. Michael J. Devlin

Devlin, Peters & Davis

P. O. Box 400

Somers, CT 06071

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission