FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Richard M. Gittings and Seymour Police Union Local #564

 

                                Complainants

 

                against                   Docket #FIC 94-145

 

Seymour Board of Police Commissioners

 

                                Respondent                          February 22, 1995

 

                The above-captioned matter was heard as a contested case on November 15, 1994, at which time the complainants 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 dated May 6, 1994 and filed with the Commission on May 9, 1994, the complainants appealed to the Commission alleging that the respondent violated the Freedom of Information("FOI") Act by:

 

                                a.  improperly discussing the complainant Gittings in an executive session held on March 28, 1994, without prior notice to Gittings;

 

                                b.  improperly convening an unnoticed meeting on March 28, 1994 immediately following the conclusion of the respondent's scheduled March 28, 1994 special meeting; and

 

                                c.  denying the complainants access to records pertaining to the March 28, 1994 meeting.

 

                3.  Section 1-21i(b), G.S., provides that in the case of an unnoticed or secret meeting, a notice of appeal shall be filed within thirty days after the person filing the appeal receives notice in fact that such meeting was held.

 

Docket #FIC 94-145                                                 Page 2

 

                4.  It is found that the respondent held a special meeting on March 28, 1994 during which the respondent went into excutive session to discuss a personnel matter.

 

                5.  It is found that the complainants received notice in fact approximately three to four days following the March 28, 1994 meeting that the respondent convened the executive session on March 28, 1994 and further that the complainant Gittings may have been the subject of a discussion at such executive session

 

                6.  It is also found that the complainants received notice in fact on the night of March 28, 1994 that certain members of the respondent may have convened an unnoticed meeting following the adjournment of the March 28, 1994 special meeting, described in paragraph 4, above.

 

                7.  It is therefore concluded that with respect to the allegations described in paragraphs 2a. and 2b., above, the complainants' notice of appeal was not filed within the required thirty day period, and therefore the Commission lacks jurisdiction to address those portions of the appeal.

 

                8.  With respect to the allegation described in paragraph 2c., above, it is found that the complainants by letter dated April 14, 1994 requested from the respondent copies of all records pertaining to the March 28, 1994 special meeting, described in paragraph 4, above.

 

                9.  It is found that the respondent provided the complainants with access to the agenda and minutes of the March 28, 1994 special meeting.

 

                10.  However, the complainants contend that the respondent has not provided them with access to all existing records pertaining to the March 28 meeting and is withholding certain other records created by the respondent pertaining to the executive session held during the March 28 meeting.

 

                11.  Based on the testimony of the respondent at the hearing, it is found that a document submitted to the Commission and marked as Exhibit "C" exists, which was not provided to the complainants.

 

                12.  It is concluded that the document described in paragraph 11, above, is a public record within the meaning of 1-18a(d) and 1-19(a), G.S.

 

                13.  It is therefore concluded that the respondent violated the complainants' rights by failing to provide them with access to all existing records which they requested.

 

Docket #FIC 94-145                             Page 3

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.  The respondent shall immediately provide the complainants with access to all existing records concerning its March 28, 1994 meeting not already provided to the complainants, and also with a notarized affidavit attesting that all such documents have been provided and that no other documents requested exist.

 

                2.  The complaint is dismissed with respect to the allegations described in paragraph 2a. and 2b. of the findings, above.

 

                3.  Henceforth, the respondent shall strictly comply with the provisions of the FOI Act.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 22, 1995.

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission

 

Docket #FIC 94-145                             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:

RICHARD M. GITTINGS

11 Glen Circle

Seymour, CT 06483

 

SEYMOUR POLICE UNION LOCAL #564

c/o Det. Bailey Cook

4 Wakeley Street

Seymour, CT 06483

 

SEYMOUR BOARD OF POLICE COMMISSIONERS

c/o Colleen D. Fries, Esq.

Bai, Pollock & Dunnigan, P.C.

P.O. Box 1978

Bridgeport, CT 06604

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission