FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Michael S. Bracken, Jr.
Complainant
against Docket
#FIC 87-239
Board of Police
Commissioners of the Town of Windsor Locks,
Respondent December 9, 1987
The above-captioned matter was heard as a contested case
on September 17, 1987, 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:
1. The
respondent is a public agency within the meaning of §1-18a(a), G.S.
2. By letter
of complaint filed with the Commission on August 25, 1987 the complainant
alleged that on July 18, 1987 the respondent held a secret meeting for the
purpose of reviewing the agility tests of candidates for the position of police
officer. The complainant asked that any
actions taken on that date by the respondent, including the agility test, be
declared null and void.
3. It is
found that on July 18, 1987 the police chief of the Town of Windsor Locks
administered an agility test for prospective police officers. Due to the large number of candidates, the
police chief asked members of the respondent for assistance in monitoring the
several stations of the test. Three
members of the respondent participated in the monitoring. A fourth was present for a short time to
observe only.
4. The
respondent provided no public notice of the July 18, 1987 gathering. The complainant claims he did not receive
notice of the gathering until August, 1987, fewer than thirty days prior to the
filing of his complaint.
5. It is
found that the monitoring of stations of an agility test did not constitute
discussion of or action upon a matter over which the respondent has
supervision, control, jurisdiction or advisory power.
Docket #FIC 87-239 Page
Two
6. It is
concluded that the gathering of members of the respondent at the July 18, 1987
agility test did not constitute a meeting within the meaning of §1-18a(b), G.S.
7. It is
further concluded that the respondent's failure to provide public notice of the
July 18, 1987 gathering 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 December 9, 1987.
Catherine
H. Lynch
Acting
Clerk of the Commission