FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Lorraine Tirella,

Complainant

against Docket #FIC 1996-059

First Selectman, Town of Oxford; Board

of Selectmen, Town of Oxford; and Town

Attorney, Town of Oxford,

Respondents October 9, 1996

The above-captioned matter was heard as a contested case on July 15, 1996, 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 February 22, 1996 and filed on February 23, 1996, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by:

a. failing to provide at least twenty-four hours notice of the respondent board’s special meeting held on February 21, 1996;

b. discussing unnoticed business at the meeting, described in a) above; and

c. convening in executive session at the meeting, described in a) above, without notice of such executive session.

3. It is found that the respondent board held a special meeting on February 21, 1996 (hereinafter “the meeting”).

Docket #FIC 1996-059 Page 2

4. With respect to the allegation, described in paragraph 2a., above, it is found that notice of the meeting was filed with the town clerk’s office at 4:05 p.m. on February 20, 1996, and the meeting was noticed to commence at 4:00 p.m. on February 21, 1996.

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

Notice of each special meeting of every public agency…shall be given not less than twenty four hours prior to the time of such meeting by filing a notice of the time and place thereof in the office of…the clerk of such subdivision for any public agency of a political subdivision of the state….The…clerk shall cause any notice received under this section to be posted in his office….[Emphasis added.]

6. It is concluded that the notice, described in paragraph 4 above, was filed twenty-three hours and fifty-five minutes prior to the noticed start time of the meeting and, therefore, the respondent board technically violated §1-21(a), G.S., by failing to give at least twenty-four hours notice prior to the time of the meeting.

7. With respect to the allegation, described in paragraph 2b., above, it is found that the notice described in paragraph 4, above, indicates:

The Board of Selectmen will have a special meeting Wednesday, February 21, 1996, 4:00 p.m. in town hall to discuss legal matters with town counsel.

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

The [special meeting] notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by such public agency. [Emphases added.]

Docket #FIC 1996-059 Page 3

9. It is found that during the meeting the respondents met and considered several items of business, not specified on the meeting notice, some of which were legal matters.

10. It is found that the notice, described in paragraph 7, above, does not specify the business to be transacted at the meeting, within the meaning of §1-21(a), G.S.

11. It is therefore, concluded that the respondents first selectman and board violated §1-21(a), G.S., when they considered at the special meeting business that was not specified on the meeting notice.

12. With respect to the allegation, described in paragraph 2c. above, §1-21(a), G.S., provides in relevant part:

A public agency may hold an executive session as defined in subsection (e) of section 1-18a, upon an affirmative vote of two-thirds of the members of such body present and voting, taken at a public meeting and stating the reasons for such executive session, as defined in said section. [Emphases added.]

13. Section 1-18a(e)(2), G.S., defines “executive session” as discussion of:

strategy and negotiations with respect to pending claims or pending litigation to which the public agency or a member thereof…is a party until such litigation or claim has been finally adjudicated or otherwise settled. [Emphasis added.]

14. It is found that during the meeting the respondents convened in executive session without stating the reason for such executive session as defined in §1-18a(e)(2), G.S.

15. It is therefore concluded that the respondents first selectman and board violated §1-21(a), G.S., when they convened in executive session without stating the reason for such executive session as defined in §1-18a(e)(2), G.S.

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

Docket #FIC 1996-059 Page 4

1. Henceforth, the respondents first selectman and board shall strictly comply with the meeting and executive session provisions of §§1-18a(e)(2) and 1-21(a), G.S., by specifying the business to be transacted, and stating the pending litigation to which the public agency or a member thereof is a party.

2. The complaint is dismissed as against the respondent town attorney.

3. Although the issue of the missing minutes of the meeting was not specifically raised in the complainant’s letter of complaint, the Commission wishes to advise the respondents first selectman and board, that minutes of all special meetings must be prepared and available within seven days of the meeting to which they refer, in accordance with the provisions of §1-21(a), G.S.

Approved by Order of the Freedom of Information Commission at its regular meeting of October 9, 1996.

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

Docket # FIC 1996-059 Page 5

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:

Lorraine Tirella

11 Larkey Road

Oxford CT 06478

First Selectman, Town of Oxford; Board of Selectmen, Town of Oxford; and Town Attorney, Town of Oxford,

c/o Dominick J. Thomas, Jr., Esq.

Oxford Town Counsel

PO Box 313

Derby, CT 06418

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission