FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Sydney M. Libby,

 

                        Complainant

 

            against                          Docket #FIC 93-246

 

Middletown Board of Education,

 

                        Respondent                  January 26, 1994

 

            The above-captioned matter was heard as a contested case on November 30, 1993, at which time the complainant and the respondent appeared 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 1-18a(a), G.S.

 

            2.  By letter of complaint filed with this Commission on August 31, 1993, the complainant alleged that the respondent violated the provisions of the Freedom of Information Act by failing to give the public proper notice of its executive session held on August 24, 1993.

 

            3.  The complaint also alleged that the respondent met in an executive session improperly to discuss the complainant's previous complaints to this Commission, but he withdrew that portion of his complaint at the hearing into this matter.

 

            4.  It is found that at its regular meeting of August 24, 1993, the respondent voted unanimously to enter executive session.

 

            5.  At the hearing into this matter, the respondent's witness had no recollection concerning whether it specifically identified the topic of its executive session as a discussion of a pending Freedom of Information claim by Mr. Libby against the respondent.

 

            6.  It is concluded, therefore, that the respondent failed to identify the topic of its executive session on August 24, 1993 with sufficient specificity so that the public would be on notice concerning the subject of its discussions.

 

Docket #FIC 93-246                           Page 2

 

            7.  It is accordingly concluded that the respondent violated the provisions of 1-21(a), G.S. under the facts of

this case.

 

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

 

            1.  Henceforth the respondent shall strictly comply with the provisions of 1-21(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its special meeting of January 26, 1994.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 93-246                           Page 3

 

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:

Sydney M. Libby

c/oTimothy Everett, Esq.

Todd Fernow Esq.

UConn Legal Clinic

65 Elizabeth Street

Hartford, CT 06105

 

Middletown Board of Education

c/o Timothy Lynch, Esq.

Deputy City Attorney

245 DeKoven Drive

P.O. Box 1300

Middletown, CT 06457

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission