FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL DECISION
Robert Caffery,
Complainant Docket
#FIC 86-172
against
Portland
Volunteer Fire Department, Engine Co. #1,
Respondent September 23, 1986
The above captioned matter was
scheduled for hearing on July 17, 1986 at which time the parties appeared and
presented evidence and argument on the complaint.
After consideration of the entire
record, the following facts are found:
1.
The respondent is an organization composed of volunteers and
administered in accordance with its own by-laws.
2.
The equipment and fire houses utilized by the respondent are provided by
the town of Portland.
3.
7-301, G.S. permits any town, city or borough to appropriate funds
to a volunteer fire company or companies for services rendered or to be
rendered within its confines.
4.
7-308, G.S. obligates the town in which the respondent functions to
assume liability for damages caused by volunteer firemen where damages
complained of arose while the volunteer fireman was performing fire duties.
5.
7-314 and 7-314a provide that "active members of
volunteer fire companies" are eligible under certain conditions for
compensation for death, disability or injuries under chapter 568 (Workmen's
Compensation Act).
6.
7-313c permits towns to indemnify volunteer firemen for expenses
for tuition and textbook charges for courses on fire technology and
administration.
Docket # FIC
86-172 page two
7.
7-313e, G.S. and 7-313b authorize the fire officer in charge
of a fire company to exercise special powers under certain conditions.
8.
It is concluded that the respondent is a public agency within the
meaning of 1-18a(a), G.S., and that it is subject to the requirements of
the Freedom of Information Act.
9.
By letter filed June 11, 1986 the complainant alleged that the
respondent had violated the Freedom of Information Act in several ways in
connection with a meeting at which he was denied membership in the respondent.
10. The complainant alleged that the
respondent violated the law because there was no agenda for its May 13, 1986
meeting and that neither the votes of the meeting nor the minutes were filed
with the town clerk, that there was no schedule of regular meetings filed with
the town clerk, and that the complainant was not informed that he had a right
to have his performance as a firefighter discussed publicly when the respondent
was considering his status with the company.
11. The respondent regularly held
meetings on the second Tuesday of the month, however, it had not filed any
schedule of these meetings with the town clerk.
12. Since there was no schedule of
regular meetings filed with the town clerk, the meeting which was held on May
13, 1986 was a special meeting.
13. It is found that the respondent
failed to post a notice of the September 13, 1986 special meeting with the town
clerk as required by 1-21, G.S.
14. The meeting which was held on
May 13, 1986 had two parts, an executive meeting and a meeting of the members.
15. The complainant was invited to
the executive committee meeting, and was permitted to attend the meeting of
members up to the time that the question whether he should get a permanent
position with the respondent was considered and voted by the members.
Docket # FIC
86-172 page three
16. When the vote concerning the
complainant was considered, the complainant was asked to leave the room.
17. It is found that, when the
complainant was asked to leave the room, he was denied his right to attend a
public meeting in violation of 1-21, G.S.
18. While the complainant was out of
the room, a vote was taken by ballot, and the complainant was denied membership
by an 8-7 vote.
19. Minutes of both meetings, the
agenda for the meeting, and the vote of the executive committee were posted in
the firehouse but the firehouse is not publicly accessible because it has no
regular business hours.
20. Neither the votes nor the
minutes nor the agenda of the meeting were available at the town clerk's
office.
21. 1-19(a) requires that each
agency keep and maintain all public records in its custody in an accessible
place either at its regular place of business or the town clerk's office.
22. It is found that the respondent
failed to comply with 1-19(a), G.S. because it failed to keep its records
at an accessible place, or at the town clerk's office.
23. Neither the minutes of the
meetings nor the record of votes showed who voted in favor of and who voted
against the motion to make the complainant a member of the respondent fire
company.
24. 1-21, G.S. requires that
the votes of each member
of any... public
agency upon any issue
before such public
agency shall be reduced
to writing and made
available for public
inspection within
forty-eight hours and
shall also be recorded
in the minutes of the
session at which taken.
Docket # FIC
86-172 page four
25. It is found that the respondent
violated the foregoing requirement of 1-21 which requires the votes of
members of an agency to be made public within forty-eight hours and also in its
minutes because it failed to maintain a record of the motion voted, or of the
names of the persons voting in favor and voting against.
26. The complainant asked that the
Commission declare his expulsion from the respondent fire company null and
void.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above captioned complaint.
1. The
vote taken by the respondent on May 13, 1986 which resulted in the expulsion of
the complainant Robert Caffery is hereby declared null and void.
2. The
improper recording of the motion and vote on the complainant's expulsion, noted
herein at paragraphs 23 through 25, could not have been included within the
original complaint, because the respondent had filed minutes in a place where
neither the public nor the complainant could see them. Thus the FOIC notes these violations solely to
educate the respondent to the requirements of the law. The Commission urges the respondent to more
faithfully comply with the law with respect to its filing of minutes and the
notice requirements of 1-21, G.S. in the future.
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