FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

           

The above-captioned matter was heard as a contested case on June 21, 2007, at which time the complainants 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 §1-200(1), G.S.

 

2.  By letter of complaint filed February 27, 2007, the complainants appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to ensure that a meeting between three members of the respondent and the Superintendent of Schools was held in compliance with the FOI Act.

 

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

 

4.  Section 1-200(2), G.S., provides in relevant part:

 

“Meeting” means any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public agency, and any communication by or to a quorum of a multimember public agency, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power. 

 

5.  It is found that the respondent Winchester Board of Education (the “Board”) does not maintain its own high school, but provides education to high school age students residing within the town by designating The Gilbert School as the high school that Winchester students may attend.  The two schools have entered into a series of written contracts in which the respondent has agreed to pay the tuition of students residing in Winchester.

 

6.  It is found that, apart from the specific allegation of the complaints, the respondent met during the times relevant to this complaint for the purpose of negotiating a new contract.

 

7.  The complainants contend that three members of the respondent also met with the superintendent to develop a list of budget reductions to be presented to the Gilbert School.       

 

8.  It is found that the Gilbert school asked the respondent for a list of proposed budget reductions.

 

9.  It is also found, however, that the three members of the respondent did not meet to generate such a list.

 

           10.  It is found a single member of the respondent, its chairperson, asked the respondent’s superintendent to prepare the list of proposed budget reductions, which he did without consultation with any member of the respondent.

 

           11.  It is concluded that the respondent did not hold the meeting as alleged by the complainants, and therefore did not violate the FOI Act.

 

 

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

 

1.  The complaint is dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 23, 2008.

 

________________________________

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:

 

Russell Buchner and Cheryl Bartley

337 East Wakefield Boulevard

Winsted, CT 06098

           

Rose Molinelli, Chairman,

Board of Education,

Winchester Public Schools

30 Elm Street

Winsted, CT 06098

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-121FD/paj/1/30/2008