FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by            Final Decision

 

Charles Jackter,

 

                        Complainant

 

            against              Docket #FIC 93-351

 

Colchester Board of Selectmen,

 

                        Respondent                  May 11, 1994

 

            The above-captioned matter was heard as a contested case on March 1, 1994, at which time the complainant and 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 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 dated December 23, 1993, and filed with the Commission on December 28, 1993, the complainant alleged that on or about October 22, 1993, the respondent board held a meeting for which no minutes or record of votes were kept or filed.

 

            3.         It is found that on or about October 22, 1993 ("October meeting"), the Colchester First Selectman met with three individuals: the chief executive officer for Inter County Ambulance Association (hereinafter "ICAA"), the Colchester Fire Chief, and the attorney for the Colchester Fire Department.

 

            4.         It is found that except for the first selectman none of the individuals present at the October meeting are members of the respondent board.

 

            5.         It is found that at the October meeting that ICAA disclosed that it had lost its corporate status and was no longer licensed to provide ambulance services in Connecticut.  Thereafter, the first selectman, on behalf of the Town of Colchester (hereinafter "town"), contacted American Ambulance to provide emergency medical and ambulance services to the town's citizens.

 

Docket #FIC 93-351                                     Page 2

 

            6.         It is found that the first selectman's decision and action on the afternoon of October 22, 1993 were solely in her capacity as first selectman and chief executive officer of the town.

 

            7.         It is found that the other members of the respondent board were neither consulted about nor apprised of the first selectman's action concerning ICAA until the board's next regularly scheduled meeting, which was held on or about October 28, 1993.

 

            8.         It is therefore concluded that the respondent board neither met nor took any action on October 22, 1993, in violation 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 regular meeting of May 11, 1994.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 93-351                                     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:

Mr. Charles Jackter

3 Raven Road

Colchester, CT 06415

 

Colchester Board of Selectmen

c/o R. Webb Steadman, Esq.

Shipman & Goodwin

One American Row

Hartford, CT 06103

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission