FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on September 1, 2005, 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.      It is found that the respondent is a public agency within the meaning of §1-200(1), G.S.

 

2.      By letter dated May 16, 2005 and filed on May 23, 2005, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by:

 

a.       adding items to the agenda of its May 5, 2005 special meeting;

b.      failing to notify the Bethel Volunteer Fire Department (hereinafter “BVFD”) of the special meeting; and

c.       denying the complainant access to attend the executive session convened during the May 5, 2005 special meeting.

 

3.      It is found that the respondent held a special meeting on May 5, 2005, which meeting the complainant attended.

 

4.      It is found that the notice and agenda for the May 5, 2005 special meeting was filed with the town clerk of Bethel on May 4, 2005 and noticed the items of business as:

 

a.       Review of Previous Meeting Minutes;

b.      Preparation for May 16, 2005 Hearing;

c.       Establish Meeting Dates – 2005-2006; and

d.      Open Agenda.

 

5.      It is found that during the May 5, 2005 special meeting, the respondent voted unanimously to add two items of business to the agenda which items were the discussion of the respondent’s membership and “legal issues”.

 

6.      It is found that the respondent held a discussion with respect to its membership and convened in executive session to discuss legal issues pertaining to a May 16, 2005 hearing of the State of Connecticut Department of Health on the establishment of a paramedic primary service area in the towns of Bethel and Redding.

 

7.      Section 1-225(d), G.S., provides in relevant part that:

 

 “[t]he notice [of a special meeting] 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.  In addition, such written notice shall be delivered to the usual place of abode of each member of the public agency so that the same is received prior to such special meeting . . . .”

 

8.      With respect to the respondent’s discussion of its membership, it is concluded that the respondent violated §1-225(d), G.S., by considering other business not on the notice and agenda of the May 5, 2005 special meeting.

 

9.      It is found, however, that the discussion pertaining to the May 16, 2005 hearing of the State of Connecticut Department of Health on the establishment of a paramedic primary service area in the towns of Bethel and Redding, did not violate the provisions of §1-225(d), G.S., because the notice and agenda of the May 16, 2005 special meeting included “Preparation for May 16, 2005 Hearing” as an item of business.

 

10.  With respect to the allegations described in paragraphs 2b and 2c, above, the complainant claimed, at the hearing on this matter, that pursuant to the respondent’s by-laws, the BVFD representative is a member of the respondent and that he was appointed by the BVFD to represent it at the respondent’s meetings.  The complainant further claimed that the respondent refused to acknowledge the complainant as the BVFD’s representative because the appointment had not been put in writing and provided to the respondent.  The complainant argued that the respondent’s failure to provide the BVFD notice of the May 5, 2005 special meeting and its refusal to acknowledge him as the BVFD’s representative and allow him to attend the executive session was a deliberate attempt by the respondent to exclude the BVFD and its members from the decision making process of the respondent.

 

11.   Section 1-225(d), G.S., provides in relevant part that notice of each special meeting “shall be delivered to the usual place of abode of each member of the public agency so that the same is received prior to such special meeting . . . .”

 

12.  It is found that, pursuant to the respondent’s by-laws, membership to the respondent shall consist of “one representative from each participating EMS provider from the towns of Bethel and Redding.”

 

13.  It is found that the BVFD is a participating EMS provider and that its representative is the member of the respondent.

 

14.  It is found, therefore, that the respondent was required, pursuant to §1-225(d), G.S., to deliver notice of the May 5, 2005 special meeting to the home of the BVFD’s representative and not to the BVFD, itself.

 

15.  It is found, however, that prior to the May 5, 2005 special meeting, the BVFD’s representative resigned and the respondent considered the position opened until such time as the BVFD provided written notice of the new representative.

 

16.  It is found that the first indication the respondent received that the BVFD had designated a new representative was at the May 5, 2005 special meeting, when the complainant claimed to be said representative. Consequently, the respondent was not able to deliver notice of the special meeting to the home of the BVFD’s representative as required by §1–225(d), G.S.  It is also found, however, that the respondent delivered the notice and agenda of the May 5, 2005 special meeting to the office of the Bethel town clerk, which is where the complainant learned of the meeting.

 

17.   It is concluded that the respondent did not violate the notice provisions of §1-225(d), G.S., by not delivering notice of the May 5, 2005 special meeting either to the complainant’s place of abode or to the BVFD.  It is found, however, that in light of the fact that the respondent was unaware of who the BVFD’s representative was the respondent could have, as a courtesy, delivered notice of the May 5, 2005 special meeting to the BVFD.

 

18.   Section 1-231(a), G.S., provides in relevant part that “[a]t an executive session of a public agency, attendance shall be limited to members of said body and persons invited by said body . . . .”

 

19.   It is found that the respondent did not acknowledge the complainant as the BVFD’s representative without written notice from the BVFD, and therefore did not allow the complainant to attend the executive session.

 

20.   It is found that the respondent’s by-laws are silent with respect to the process by which new appointments are to be made to and acknowledged by the respondent and there is no precedent in the history of the respondent upon which to rely. 

 

21.  It is further found that this Commission lacks jurisdiction to independently determine whether the complainant was a “member” of the respondent within the meaning of §1-231(a), G.S., and should have been permitted to attend the executive session.  Consequently, the complainant’s allegation described in paragraph 2c, above, cannot be addressed further.

 

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

 

            1.  Henceforth the respondent shall strictly comply with the provisions of  §1-225(d), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 11, 2006.

 

________________________________

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:

 

Eugene J. Linnhoff, III

Bethel Volunteer Fire Department

38 South Street

Bethel, CT 06801

 

Bethel-Redding Paramedic Alliance, Inc.

c/o Martin J. Lawlor, Jr., Esq.

99 Greenwood Avenue

Bethel, CT 06801

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2005-241FD/paj/1/17/2006