FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Valentine H. Everson III,

 

                        Complainant

 

            against              Docket #FIC 93-264

 

Peter Mullen, Chief, Branford Fire Department,

 

                        Respondent                  August 24, 1994

 

            The above-captioned matter was heard as a contested case on December 21, 1993, at which time the complainant and the respondent appeared 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 September 17, 1993, the complainant alleged that the respondent improperly excluded him from a meeting of Branford Fire Department officers on September 15, 1993.  The complainant requested the imposition of civil penalties against the respondent.

 

            3.  It is found that on September 15, 1993, the respondent met with the officers of his department.  At this time, the complainant told the respondent that he was there as a concerned citizen, but the respondent nonetheless told the complainant to leave, as he was not an officer.

 

            4.  It is found that the governing body of the Branford Fire Department ("BFD") is the six-member Board of Fire Commissioners ("BFC").

 

            5.  It is found that the members of the BFC are appointed by the Board of Selectmen for two-year terms.

 

            6.  It is also found that the respondent, who holds a paid full-time position, reports directly to the BFC once every month.

 

            7.  It is found that on the third Wednesday of each month, the respondent conducts a meeting of officers, during which the respondent disseminates information to the officers of the

 

Docket #FIC 93-264                           Page 2

 

various fire companies, and during which the officers sometimes express their own grievances and communicate through the respondent to the BFC.

 

            8.  It is found that requests for new equipment, such as fire trucks, go to the respondent, who then makes a request to the BFC. 

 

            9.  It is found that the final say in BFD matters vests in the BFC and not in the respondent.

 

            10.  This Commission takes administrative notice of its final decisions in contested cases docket numbers FIC 87-3 and FIC 87-103.

 

            11.  It is concluded that under the facts of this case, the gathering at issue is excluded from the FOI Act's definition of a "meeting" in 1-18a(b), G.S., as an administrative or staff meeting of a single-member public agency.

 

            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.

 

            2.  The Commission notes that testimony of the respondent revealed that individuals other than officers of the BFD have been on hand, over the years, for the gatherings at issue in this case.  The Commission wishes to encourage any such policy of open government even in instances where technically the public has no recourse under the FOI Act in the event of exclusion.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 24, 1994.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

Docket #FIC 93-264                           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:

 

VALENTINE H. EVERSON III

One Lake Place

Pine Orchard, CT 06405

 

PETER MULLEN, CHIEF, BRANFORD FIRE DEPARTMENT

c/o Norbert W. Church, Jr., Esq.

399 Orange Street

P.O. Box 78

New Haven, CT 06501

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission