FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Maureen McDonald
and The Norwich Bulletin,
Complainants
against Docket #FIC 86-166
Democratic
Members of Norwich City Council,
Respondents September 23, 1986
The above-captioned matter was heard
as a contested case on July 14, 1986, at which time the complainants 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. By
letter of complaint filed with the Commission on June 6, 1986 the complainants
alleged that the respondents held caucuses on May 6, 1986 and on June 2, 1986
to which the complainant McDonald had been improperly denied access.
3. It
is found that the complaint in this matter was filed more than 30 days after
May 6, 1986. Pursuant to 1-21i(b),
G.S., this Commission lacks jurisdiction over the complaint to the extent that
it contains allegations regarding the May 6, 1986 gathering.
4. On
June 2, 1986 the respondents held a gathering, which they termed a
"caucus," to which the complainant McDonald was denied access on the
ground that personnel matters would be discussed. At such gathering the respondents discussed the choice of an
acting city manager and of a preferred developer for the Norwich marina. Both matters were scheduled for discussion
by the city council that evening.
5. It
is the practice of the respondents to hold caucuses prior to scheduled meetings
of the city council and to open such caucuses to the press but not to the
public.
Docket #FIC
86-166 Page Two
6. The
complainants claim that the respondents' discussion of the choice of a
developer was followed by an informal poll and that such discussion and poll
were matters to which the public should have had access.
7. It
is found that the June 2, 1986 gathering, attended only by the respondents, was
called to elicit opinions of the Democratic members of the city council on
issues scheduled for a full discussion by the entire city council.
8. It
is concluded that the June 2, 1986 gathering was a "caucus" within
the meaning of 1-18a(b), G.S., not a "meeting," and that the
respondents' exclusion of the complainant McDonald did not violate any
provision of the Freedom of Information 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 hereby dismissed.
Approved by order of the Freedom of
Information Commission at its special meeting of September 23, 1986.
ÿ
Karen J. Haggett
Clerk of the Commission