FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Christopher Hoffman and The New Haven Register,

 

                        Complainants

 

            against              Docket #FIC 94-317

 

Cynthia Ryall, Rev. Robert Condron, Bruce R. Goldson, Sr.,

Carol V. Androski and Ansonia Board of Ethics,

 

                        Respondents                 May 24, 1995

 

            The above-captioned matter was heard as a contested case on April 10, 1995, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with docket number FIC 94-327, Nancy Valentine and Ansonia Republican Town Committee v. Ansonia Board of Ethics.

 

            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 dated September 8, 1994 and filed with the Commission on September 12, 1994, the complainants appealed to the Commission alleging that the respondents violated the Freedom of Information ("FOI") Act by;

 

                        a.  voting in executive session on September 6, 1994 to terminate an investigation into a complaint brought against Mayor Thomas F. Hallihan ("the investigation"); and

 

                        b.  filing minutes that do not reflect that the respondents voted on September 6, 1994, to terminate the investigation.

 

            The complainants also request that the Commission impose civil penalties upon four members of the respondent Board.

 

Docket #FIC 94-317                                     Page 2

 

            3.  It is found that the respondents held a special meeting on September 6, 1994, during which the respondents Cynthia Ryall, Robert Condron, Bruce R. Goldson, Sr. and Carol V. Androski convened in executive session ("the executive session").

 

            4.  It is found that the four respondents, described in paragraph 3, above, voted while in the executive session to terminate the investigation.

 

            5.  Section 1-18a(e), G.S., permits discussions in an executive session for certain limited purposes.

 

            6.  It is concluded that the respondent violated 1-18a(e), G.S., when it voted while in the executive session to terminate the investigation.

 

            7.  Section 1-19(a), G.S., requires that each public agency make, keep and maintain a record of the proceedings of its meetings.

 

            8.  Section 1-21(a), G.S., in relevant part, requires that:

 

                        [T]he votes of each member of...[a] public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken....[Emphasis added].

 

            9.  It is found that termination of the investigation was an issue before the respondents within the meaning of 1-21(a), G.S.

 

            10.  It is found that the respondent Board's minutes of September 6, 1994 do not reflect that a vote was taken regarding termination of the investigation.

 

            11.  It is concluded that the respondents violated 1-21(a), G.S., by failing to record in its minutes the votes of each member concerning termination of the investigation.

 

            12.  It is also concluded that nothing in 1-82a and 7-148h, G.S., nor the Ansonia Code relieved the respondents of their responsibility to record that a vote was taken concerning termination of the investigation.

 

            13.  Further, it is found that indicating that a vote was taken to terminate the investigation, and how each respondent member voted, would have in no way divulged the nature of the allegations made in the underlying complaint, nor would it have compromised the confidentiality of the respondents' evaluations thereof.

 

Docket #FIC 94-317                                   Page 3

 

            14.  It is concluded that the respondents violated 1-18a(e) and 1-21(a), G.S., when it voted in executive session, and also failed to record in its minutes the vote of each member regarding termination of the investigation.

 

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

 

            1.  The respondents shall forthwith reconstruct the minutes of the September 6, 1994 special meeting to reflect that a vote was taken to terminate the investigation, and how each member voted.

 

            2.  Henceforth, the respondents shall strictly comply with the meeting provisions of the FOI Act.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 24, 1995.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

Docket #FIC 94-317                           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:

CHRISTOPHER HOFFMAN AND THE NEW HAVEN REGISTER

c/o Ansonia Bureau

Box 277

Ansonia, CT 06401

 

CYNTHIA RYALL, REV. ROBERT CONDRON, BRUCE R. GOLDSON, SR., CAROL V. ANDROSKI AND ANSONIA BOARD OF ETHICS

c/o James E. Sheehy, Esq.

303 Wakelee Avenue

Ansonia, CT 06401

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission