Freedom of Information Commission

of the State of Connecticut

 

 

In the Matter of a Complaint by                                    Final Decision

 

Salvatore Caracoglia,

 

                        Complainant

 

            against                                                              Docket #FIC 1996-129

 

Board of Education, City of

Middletown,

 

                        Respondent                                          November 13, 1996

 

 

            The above-captioned matter was heard as a contested case on August 15, 1996, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of §1-18a(a), G.S.

 

            2.  By letter filed April 19, 1996, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to post notice of its March 19, 1996 meeting, convening in executive session for an improper purpose and permitting non-agency members to attend the executive session of such meeting.

 

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

 

“The agenda of the regular meetings of every public agency, except for the general assembly, shall be available to the public and shall be filed, not less than twenty-four hours before the meetings to which they refer, in such agency’s regular office or place of business…”  [Emphasis added.]

 

4.  It is found that the respondent prepared an agenda for its March 19, 1996 regular meeting, and that such agenda was available in the respondent’s offices, as well as the town clerk’s office, on the afternoon of Friday, March 15, 1996.

 

 

Docket #FIC 1996-129                                                                                   Page 2

 

            5.  It is concluded that although the respondent did not post its March 19, 1996 regular meeting agenda in either the respondent’s offices or town hall, its failure to do so does not constitute a violation of the FOI Act.

 

            6.  It is found that at its March 19, 1996 regular meeting, the respondent voted unanimously to convene in executive session to discuss its legal strategy with respect to a pending lawsuit filed against it in Superior Court by the complainant, Salvatore Caracoglia v. Middletown Board of Education.

 

            7.  It is found that in addition to the members of the respondent, the Superintendent of Schools and then Assistant Superintendent for Business and Personnel Matters attended the executive session at the invitation of the respondent to provide their testimony and opinion concerning the respondent’s legal defense strategy.

 

            8.  It is found that the respondent limited its executive session discussion to its strategy with respect to the pending litigation identified in paragraph 7, above, and it is therefore concluded that the respondent’s executive session was authorized by §1-18a(e)(2), G.S.

 

            9.  It is also concluded that because the two non-agency members identified in paragraph 7, above, were invited into the executive session by the respondent to present their testimony or opinion, their presence in the executive session did not violate §1-21g(a), G.S.

 

            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.

 

            2.  The Commission notes, for the benefit of the complainant, that the notice for a special meeting setting forth the business to be transacted at such meeting is required to be filed with and posted by the town clerk.

 

 

Approved by Order of the Freedom of Information Commission at its special meeting of November 13, 1996.

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

Acting Clerk of the Commission

Docket #FIC 1996-129                                                                                   Page 3

 

 

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:

 

Salvatore Caracoglia

19 Park Place

Middletown, CT 06457-2618

 

 

Board of Education, City of Middletown

c/o  Christine L. Chinni, Esq.

Shipman & Goodwin

One American Row

Hartford, CT 06103-2819

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FD 1996-129