FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Bart Blau,
Complainant
against Docket
#FIC 95-99
East Hampton Town Council,
Respondent October 25, 1995
The above-captioned matter was heard as a contested
case on August 24, 1995, 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. It
is found that on March 14, 1995 the respondent held a public meeting in
accordance with the provisions of 1-21, G.S., ("March meeting").
3. It
is found that it is the respondent's practice to permit public comment at its
meetings.
4. It
is found that at the March meeting the complainant was permitted to read from a
prepared statement during the public comment segment of the meeting.
5. It
is found that when the complainant referred to town officials by name during
the reading of his statement he was asked by the respondent's chairperson to
limit his identifications of an individual to his or her municipal office or
designation.
6. It
is found that the complainant objected to the respondent's request and
challenged the chairperson's authority to even make such a request.
7. It
is found that the respondent cited section 36 of Robert's Rules of Order as the
authority for the request.
Docket #FIC 95-99 Page
2
8. It
is found that the complainant refused to comply with the respondent's request,
and as a result a heated exchange involving the complainant, several audience
members, and the respondent chairperson ensued.
9. It
is found that in order to quell the disturbance the respondent asked the
audience to leave the meeting room.
10. By
letters of complaint to the Commission filed March 28 and April 4, 1995, the
complainant alleged that the
respondents convened an "illegal executive session" at the
March meeting when the audience was "ejected". Additionally, the complainant alleged that
the respondent was without authority to "censure" his remarks at the
March meeting.
11. By
pleading dated August 10, 1995 and filed with the Commission on August 14,
1995, the respondent cross claimed that the complainant's appeal was frivolous
and intended "solely to harass the respondent," and therefore
requested the imposition of a civil penalty against the complainant.
12. It
is found that the respondent believed that the complainant would not back down
from his position as long as the audience was present and therefore the March
meeting was halted in an effort to calm the complainant and restore order to
the meeting in accordance with 1-21h, G.S.
13. It
is found that the complainant was asked by the respondent chairperson to remain
in attendance throughout the recess, and an executive session was neither
called nor convened by the respondent.
14. Specifically,
it is found that during the recess of the March meeting no council business was
discussed or acted upon, and the sole purpose of the recess was to convince the
complainant to comply with the respondent chairperson's request concerning the avoidance of using proper
names when reading from his statement.
15. It
is found that ultimately the recess served its purpose because after
approximately twenty minutes the complainant agreed to comply with the
respondent's request, and the audience members were called back to the meeting
room where the meeting was reconvened and continued with the complainant
reading from his statement without further incident.
16. It
is found that while the Freedom of Information Act gives members of the public
the right to attend meetings of public agencies, it provides no such rights
with respect to public comment at public meetings.
Docket #FIC 95-99 Page
3
17. It
is therefore concluded that the Commission lacks jurisdiction over that portion
of the complaint dealing with public comment.
18. It
is found that there is insufficient evidence upon which to make a finding that
the complainant's appeal was "frivolous and solely for the purpose of
harassing the respondent," and therefore the Commission declines to impose
a civil penalty against the complainant in this case.
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 October 25, 1995.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-99 Page
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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:
Bart Blau
14 Terp Road
East Hampton, CT 06424
East Hampton Town Council
c/o Paul Buhl, Esq.
P.O. Box 384
Moodus, CT 06469
Elizabeth A. Leifert
Acting Clerk of the
Commission