FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Walter R. Keenan and Alvah H. Phillips,

 

                        Complainants

 

            against              Docket #FIC 93-259

 

William A. Falletti, Ashford First Selectman, and

Gail Zaicek, Ashford Selectman,

 

                        Respondents                 March 9, 1994

 

            The above-captioned matter was heard as a contested case on December 14, 1993, at which time the complainants and the respondent first selectman 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 public agencies within the meaning of 1-18a(a), G.S.

 

            2.         By letter of complaint filed September 17, 1993, the complainants appealed to the Commission, alleging that the respondents convened an illegal meeting on August 19, 1993.

 

            3.         It is found that the respondents assembled on August 19, 1993 with an official of the state department of environmental protection ("DEP") in his office.

 

            4.         It is found that the respondents discussed many issues relating to what is known as the Pompey Hollow Park project in Ashford, (the "Project") which is funded through a combination of federal and state, including DEP, grants.

 

            5.         The respondents maintain that the August 19, 1993 assembly was not a meeting within the meaning of 1-18a(b), G.S., because the respondents visited the DEP official merely to obtain clarification on DEP's position on certain specific issues, particularly whether lighting could be funded under DEP's grant.

 

            6.         Section 1-18a(b), G.S., provides in relevant part:

 

                        "Meeting" means any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public agency, and any communication by or to a quorum of a multimember

 

Docket #FIC 93-259                           Page 2

 

            public agency, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power.

 

            7.         It is found that the respondents discussed at their August 19, 1993 assembly many general and specific matters relating to DEP funding of the Project, over all of which matters the respondent has supervision, control, jurisdiction or advisory power, including funding of lighting and landscaping; the types of specific recreational facilities to be developed; the site history and limitations; and the possibility of, and ways of accounting for, the town of Ashford providing services that would count toward matching funds.

 

            8.         It is also found that the two respondents constitute a quorum of the Ashford board of selectmen.

 

            9.         The respondents also maintain, however, that the August 19, 1993 assembly was not a meeting within the meaning of 1-18a(b), G.S., because it was in the nature of a caucus.

 

            10.       Section 1-18a(b), G.S., provides in relevant part:

 

            "Meeting" shall not include:  ...  a caucus of members of a single political party notwithstanding that such members also constitute a quorum of a public agency ....  "Caucus" means a convening or assembly of the enrolled members of a single political party who are members of a public agency within the state or a political subdivision.

 

            11.       It is found that the respondents are both members of the same agency and same political party.

 

            12.       It is also found, however, that the August 19, 1993 assembly was not limited to the respondents, but included a DEP representative.

 

            13.       It is therefore concluded that the August 19, 1993 assembly was a meeting within the meaning of 1-18a(b), G.S.

 

            14.       Section 1-21(a), G.S., provides in relevant part:

 

            The meetings of all public agencies, except executive sessions as defined in subsection (e) of section 1-18a, shall be open to the public. ... [The] minutes shall be available for public inspection within seven days of the session to which they refer. ... Notice of each special meeting of every public agency ... shall be given not less than twenty-four hours prior to the time of such meeting by filing a notice of the time and place thereof ... in the office of the clerk of

 

Docket #FIC 93-259                           Page 3

 

            such subdivision for any public agency of a political subdivision of the state ....  Such notice shall be given not less than twenty-four hours prior to the time of the special meeting ....  The notice shall specify the time and place of the special meeting and the business to be transacted.  In addition, such written notice shall be delivered to the usual place of abode of each member of the public agency so that the same is received prior to such special meeting. 

 

            15.       Section 1-19(a), G.S., also provides in relevant part that each public agency shall "make, keep and maintain a record of the proceedings of its meetings."

 

            16.       It is found that the respondents did not give notice to the public or to the complainant of the August 19, 1993 meeting; did not keep minutes of the meeting; and did not ensure that the meeting was open to the public.

 

            17.       It is concluded that the respondents violated 1-21(a) and 1-19(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 respondents shall strictly comply with the requirements of 1-18a(b), 1-19(a) and 1-21(a), G.S.

 

            2.         Within two weeks after the date of mailing of the notice of final decision in this matter, the respondents shall create and file minutes of their August 19, 1993 meeting.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 9, 1994.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 93-259                           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:

Mr. Walter R. Keenan

2 Slade Road

Ashford, CT 06278

 

Mr. Alvah H. Phillips

18 Broad Oak Drive

Ashford, CT 06278

 

Mr. William A. Falletti

Ms. Gail Zaicek

Ashford Selectmen

Route 44, 25 Pompey Hollow Road

Ashford, CT 06278

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission