FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Michelle Tuccitto and New Haven Register,
		Complainants
	against		Docket #FIC 2002-100
Board of Fire Commissioners, Town of Branford,
		Respondents	September 11, 2002

 

            The above-captioned matter was heard as a contested case on May 2, 2002, at which time the complainants appeared and presented testimony and argument on the complaint, but the respondent did not appear.

           

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 §1-200(1), G.S.

 

            2.  By a letter dated and filed with the Commission on March 8, 2002, the complainants alleged that the respondent violated the Freedom of Information (FOI) Act by holding an executive session on Thursday, March 7, 2002, during which it discussed “budget strategy” for the development of its budget proposal for the fire department for the upcoming fiscal year.

 

3.  It is found that the respondent held a special meeting on March 7, 2002 (hereinafter “the meeting”) and that during the meeting the respondent entered into an executive session.

 

4.  Section 1-225(a), G.S., provides, in relevant part that “[t]he meetings of all public agencies, except executive sessions as defined in subdivision (6) of section 1-200, shall be open to the public. . . .”

 

5.  Section 1-225(f), G.S., provides in relevant part:

 

[a] public agency may hold an executive session as defined in subdivision (6) of section 1-200, 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 section 1-200.

 

6.  It is found that during the meeting, the respondent entered into executive session without first voting in public session by a two-thirds vote to do so, as required by §1-225(f), G.S.

 

 

            7.  It is also found that during the executive session the respondent discussed budget matters, although the respondent publicly stated initially that the purpose of the session was to discuss pending claims or pending litigation. 

 

8.  Section1-200(6)(B), G.S., lists as one of the permitted purposes for an executive session:

 

strategy and negotiations with respect to pending claims or pending litigation to which the public agency or a member thereof, because of his conduct as a member of such agency, is a party until such litigation or claim has been finally adjudicated or otherwise settled. . . . 

 

9.  It is found, however, that the respondent did not discuss at the executive session in question any of the matters set forth in §1-200(6)(B), G.S., but rather discussed a proposed budget matter, which is not listed among the permissible subjects for an executive session under §1-200(6), G.S.

 

10.  It is therefore concluded that the respondent violated §§1-225(a) and (f), G.S., at the meeting in question by failing first to vote to convene in executive session during the public session by at least a two-thirds vote to do so, and by failing to limit such session to a purpose permitted under §1-200(6), G.S.

 

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

            1.  The respondent shall forthwith amend the minutes of its March 7, 2002 special meeting to accurately reflect the nature, content and substance of the discussion at that portion of the meeting during which the public, including the complainant Tuccitto, was excluded from attending.  Such amendment shall also identify all persons present during that portion of the meeting, as required in the case of an executive session under §1-231(a), G.S.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 11, 2002.

 

_______________________________________

Petrea A. Jones

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:

 

Michelle Tuccitto and
New Haven Register

40 Sargent Drive

New Haven, CT 06511-5918

 

Board of Fire Commissioners,

Town of Branford

45 North Main Street

Branford, CT 06405

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2002-100/FD/paj/9/12/2002