FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Henry E.
Buermeyer,
Complainant
against Docket #FIC 86-144
Town Manager,
Town Council and Town Attorney of the Town of Groton,
Respondents July 23, 1986
The above-captioned matter was heard
as a contested case on June 30, 1986, at which time the complainant and the
respondents appeared and presented testimony, exhibits and argument on the
complaint.
After consideration of the entire
matter, the following facts are found:
1. The
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. On
April 24, 1986 the committee-of-the-whole of the respondent council held a
meeting at approximately 8:00 p.m. during which it convened in executive
session to discuss a "pending claim for civil penalties against individual
members of Council in the FOI complaint scheduled for hearing on May 2."
3. By
letter of complaint filed with the Commission on May 23, 1986 the complainant
alleged that notice of the April 24, 1986 meeting was not posted in the office
of the town clerk until 8:52 a.m. on the morning of April 24, 1986, in
violation of 1-21(a), G.S. and that discussion of complaints filed with
the Commission was not a proper purpose for an executive session within the
meaning of 1-18a(e), G.S.
4. The
April 24, 1986 meeting of the committee-of-the- whole was not included in any
schedule of regular meetings placed on file pursuant to 1-21(a), G.S. Such meeting was, therefore, a special
meeting within the meaning of 1-21(a), G.S.
5. On
April 22, 1986 the respondent council prepared a notice of the April 24, 1986
meeting of its committee-of-the- whole and on the same day the meeting was
noted on a meeting
Docket #FIC
86-144 Page Two
calendar in the
office of the Groton town clerk. Such
notice, however, was not submitted to the office of the Groton town clerk for
posting, as required by 1-21(a), G.S., until 8:52 a.m. on April 24, 1986.
6. It
is concluded that the respondent council failed to file a notice of its April
24, 1986 meeting, for posting by the town clerk, at least 24 hours in advance
of such meeting, in violation of 1-21(a), G.S.
7. At
its April 24, 1986 meeting the committee-of-the- whole of the respondent
council convened in executive session to discuss complaints filed with this
Commission alleging violations of the Freedom of Information Act and to prepare
a response to such complaints.
8. The
respondent council claims that discussion of its strategy with respect to
complaints against it brought to the Freedom of Information Commission was a
proper purpose for an executive session within the meaning of 1-18a(e)(2),
G.S.
9. It
is found that complaints to this Commission alleging violations of the Freedom
of Information Act by the respondent council constituted "pending
claims" within the meaning of 1-18a(e)(2), G.S.
10. It
is concluded that the respondent council's April 24, 1986 executive session to
discuss its strategy with respect to claims before this Commission did not
violate 1-21(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
respondent council shall henceforth ensure that all notices of its special
meetings are filed with the town clerk for posting at least 24 hours in advance
of each such meeting.
Approved by order of the Freedom of
Information Commission
at its regular
meeting of July 23, 1986.
ÿ
Karen J.
Haggett
Clerk of the Commission