FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
David M. Beck,
Complainant
against Docket #FIC 93-339
Windsor Ladder Truck Task Force, Windsor Town Manager,
Windsor Personnel Director, and Chief, Windsor Police Department,
Respondents May 11, 1994
The above-captioned matter was heard as a contested case on February 25, 1994, at which time the complainant and 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 public agencies within the meaning of 1-18a(a), G.S.
2. It is found that at the suggestion of the Windsor Fire Chief (hereinafter "chief"), a Ladder Truck Task Force (herinafter "respondent task force"), comprised of members from the various volunteer fire companies in the Town of Windsor (hereinafter "town"), was established to consider and discuss issues related to the purchase of a ladder truck.
3. It is found that a ladder truck was to be purchased by the town using public funds, and shortly thereafter debate ensued within the town's volunteer fire department over the issue of a rear mounted versus a mid-mounted ladder for the ladder truck.
4. It is found that on November 15, 1993, a meeting was held by the respondent task force to discuss the controversial issue of the placement of the ladder on the ladder truck.
Docket #FIC 93-339 Page 2
5. It is found that the respondent task force was expected to make a recommendation to the town council's health and safety committee regarding the type of ladder that should be acquired for the ladder truck.
6. It is found that the respondent task force did not post notice of the November 15, 1993 meeting (hereinafter "November meeting"), nor were minutes kept or filed by it for that meeting.
7. It is found, however, that the complainant did attend the November meeting but after being informed by task force members that the meeting was closed to the public he was asked to leave.
8. By letter of complaint dated and filed December 15, 1993, the complainant alleged that he was improperly excluded from the November meeting in violation of 1-21, G.S.
9. The respondents argue that:
(a) public attendance at the November meeting could have impeded the discussion and decision-making process of the respondent task force on a wholly operational issue; and
(b) 7-314(b), G.S., exempts such operational discussion from the open meetings requirements of 1-21(a), G.S.
10. Conn. Gen. Stat. 7-314(b) in relevant part states that:
[a]ny operational meeting of active members of a volunteer fire department shall not be subject to the provisions of the [Freedom of Information ("FOI") Act].
11. It is found that the November meeting of the respondent task force dealt solely with the issue of whether the operations of the town's volunteer fire departments would be better served by a mid-mounted or rear-mounted ladder for the newly purchased ladder truck.
12. It is concluded that upon the facts of this case the discussion of the placement of the ladder on the ladder truck was a discussion of an operational matter and therefore not subject to the FOI Act's open meeting requirements by operation of 7-314(b), G.S.
Docket #FIC 93-339 Page 3
13. It is found that the decision to close the November meeting to the public was not made by the respondent personnel director, town manager or police chief, and none of the aforementioned were present at the November meeting.
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 May 11, 1994.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93-339 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. David Beck
26 Olin Street
Windsor, CT 06095
Windsor Ladder Truck Task Force,
Windsor Town Manager,
Windsor Personnel Director and
Chief, Windsor Police Department
c/o Vincent W. Oswecki, Jr., Esq.
O'Malley, Deneen, Messina & Oswecki
20 Maple Avenue
Windsor, CT 06095
Elizabeth A. Leifert
Acting Clerk of the Commission