Freedom
of Information Commission
of
the State of Connecticut
In the Matter of a Complaint by Final
Decision
Complainant
Allingtown
Board of Fire Commissioners,
Respondent August
28, 1996
The
above-captioned matter was heard as a contested case on April 9, 1996, at which time the complainant and the respondent appeared,
stipulated to certain facts and presented testimony, exhibits and argument on
the complaint. The case was
consolidated with docket #FIC 1995-345, Charles M. Andreoli v. Allingtown
Board of Fire Commissioners, for purposes of hearing.
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 dated November 21 and filed on November 30, 1995, the
complainant appealed to the Commission alleging that the respondent violated
the Freedom of Information (FOI) Act by convening in executive session without
a stated purpose at its November 8, 1995 regular meeting to discuss a matter
not listed on its agenda, and requesting the imposition of civil penalties
against the respondents.
3.
It is found that at their November 8, 1995 regular meeting, the
respondents convened in executive session for 22 minutes to discuss the
operations and procedures for a newly created Secretary/Treasurer position.
4. It is
found that the discussion described in paragraph 3, above, was not referenced
in the respondent’s November 8, 1995 meeting agenda.
5.
It
is further found that the respondents did not vote to add the discussion
6. It is
also found that the respondent failed to publicly state the reason for the executive
session prior to convening in such session.
7.
It is concluded that by discussing an item at its November 8, 1995
regular meeting which was not listed on its meeting agenda, and by failing to
publicly state the reason for entering into an executive session, the
respondent violated the provisions of §1-21(a), G. S.
8.
The Commission notes that the matter of whether the subject of
discussion, if properly noticed, is an appropriate subject for executive
session is not a part of the complaint, and accordingly, is not addressed in
this decision.
9.
The Commission notes that the respondent is under prior Commission order
to strictly comply with the requirements of §1-21(a), G.S., pursuant to
the final decision in contested cases docket #FIC 93-79, John Carlo v.
Allingtown Fire District, 94-343, John Carlo v. Louis Esposito, Vincent
Giannotti, David Forsyth, and Allingtown Fire District Board of Fire
Commissioners, and 94-357, John E. Alexander v. Louis Esposito, Vincent
Giannotti, and Allingtown Fire District Board of Fire Commissioners. The Commission also notes that it has made
its resources available to the respondents through an FOI Act workshop ordered
in contested case docket #FIC 94-184, John Carlo v. Allingtown Fire District.
10.
Accordingly, it is concluded that the respondent’s violations of the FOI
Act as described in paragraph 7, above, were without reasonable grounds.
11.
Nevertheless, the Commission declines to further expend its scarce
resources for the additional hearing which would be required to consider the
imposition of civil penalties against the respondent in this matter.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1.
The respondent shall henceforth strictly comply with the
provisions of §1-21(a), G.S., taking
special attention to comply with all executive session provisions.
2.
The Commission cautions the respondent that repeated, willful violations
of the FOI Act may subject its individual members to the maximum civil
penalties of $1000 per violation and referral to the State Attorney’s office
for prosecution under §1-21k(b), G.S.
Approved
by Order of the Freedom of Information Commission at its regular meeting of
August 28, 1996.
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission
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:
Anthony
C. Krzeminski
1
Robert Street
West
Haven, CT 06516
Allingtown
Board of Fire Commissioners
c/o Louis Smith Votto, Esq.
P.O. Box 411
West Haven, CT 06516
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission