FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
George J. Boisvert,
Complainant
against Docket
#FIC 95-214
Robert Percoski, Phillips
Roland and Somers Board of Selectmen,
Respondents March 27, 1996
The above-captioned matter was heard as a contested
case on December 27, 1995, at which time the complainant and the 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. By letter
of complaint dated June 22, 1995 and filed with the Commission on June 27, 1995
the complainant appealed to the Commission alleging that the respondents
violated the Freedom of Information ("FOI") Act by improperly
discussing a personnel issue concerning the complainant in an executive session
on May 30, 1995.
3. It is
found that on May 19, 1995 representatives from Propane Gas Company filed an
employee complaint against the complainant with the respondents (hereinafter
"Propane complaint"), alleging that the complainant treated them in a
discourteous and unprofessional manner on May 19, 1995 while they attempted to
install a propane tank.
4. It is
found that following the receipt of the Propane complaint the respondent
Percoski, First Selectman of the town of Somers, planned to discuss the Propane
complaint in executive session on May 30, 1995 with representatives from
Propane Gas Company and the complainant.
5. It is
found that at approximately 11:00 am. on May 30, 1995 the respondent Percoski's
administrative assistant asked the complainant to attend the planned executive
session, described in paragraph 4, above, at which time the complainant
declined to do so informing her that he had no intention of going into
executive session with the selectmen.
Docket #FIC 95-214 Page
2
6. It is
found that the respondent board held a regular meeting on May 30, 1995 during
which it convened in executive session with representatives of Propane Gas
Company and discussed the Propane complaint.
7. Section
1-18a(e)(1), G.S., permits a public agency to convene in executive session for:
discussion concerning the
appointment, employment, performance, evaluation, health or dismissal of a
public officer or employee, provided that such individual may require that
discussion be held at an open meeting.
8. It is
found that the respondent board's discussion of the Propane complaint
constitutes a discussion of the complainant's employment, performance and
evaluation within the meaning of 1-18a(e)(1), G.S.
9 The
respondent contends that the complainant did not require the discussion be held
at an open meeting.
10. However,
it is found that the complainant indicated to the respondent Percoski's
administrative assistant, upon her informing him of the planned May 30, 1995
executive session, that he had no intention of going into an executive session
and that he did not wish an executive session.
11. It is
found that the complainant's communication to the administrative assistant,
described in paragraph 10, above, was sufficient indication to the respondent
that the complainant was invoking his right to an open meeting under
1-18a(e)(1), G.S.
12. It is
therefore concluded that the respondent board violated 1-18a(e)(1), G.S.,
when it discussed the Propane complaint in executive session after the
complainant indicated that he did not wish to have the Propane complaint
discussed in an executive session.
13. The
Commission in its discretion declines to impose a civil penalty in this case.
Docket #FIC 95-214 Page
3
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. Henceforth
the respondents shall strictly comply with
the provisions of
1-18a(e)(1), G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of March 27, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-214 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:
George J. Boisvert
24 Grist Mill Terrace
Somer, CT 06071
Robert Percoski, Phillips
Roland and Somers Board of Selectmen
c/o Patrick J. McHale, Esq.
Shipman & Goodwin
1 American Row
Hartford, CT 06103-2819
Elizabeth A. Leifert
Acting Clerk of the Commission