FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
David Kohn,
Complainant
against Docket #FIC 94-247
Wilton Fire Commission,
Respondent April 26, 1995
The above-captioned matter was heard as a contested case on February 28, 1995, 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 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 July 26, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by issuing an incomplete agenda for its regular meeting of June 27, 1994 and by failing to inform him that he would be under discussion at that meeting.
3. It is found that the respondent's agenda for its June 27, 1994 regular meeting listed the following items for discussion:
A. Call to Order
B. Minutes
C. Monthly Reports
D. Old Business
E. New Business
F. Adjournment.
4. It is found that the respondents took up the discussion of "Deputy Fire Marshall," concerning the complainant, as an item of new business at its June 27, 1994 regular meeting.
5. It is found that the description "New Business" did not reasonably apprise the public that the topic of the Deputy Fire Marshall would be discussed at the June 27, 1994 regular meeting.
6. Section 1-21(a), G.S., provides in pertinent part,
Docket #FIC 94-247 Page 2
"Upon the affirmative vote of two-thirds of the members of a public agency present and voting, any subsequent business not included in such filed agendas may be considered and acted upon at such meetings."
7. It is found that the respondent failed to identify and/or vote upon the taking up of any subsequent business not on its June 26, 1994 agenda; and it specifically failed to vote to add the topic of the complainant's position as Deputy Fire Marshall to its regular meeting agenda of June 27, 1994.
8. It is concluded that under the facts of this case, the respondent is in violation of the provisions of 1-21(a), G.S.
9. This Commission also notes that nothing in the provisions of the FOI Act requires the respondent to conduct any personnel discussion in executive session, in which case the public official or employee discussed would have had the right to meaningful notification that such executive session would take place.
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 regular meeting of April 26, 1995.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 94-247 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:
DAVID KOHN
69 Cherry Lane
Wilton, CT 06897
WILTON FIRE COMMISSION
G. Kenneth Bernhard, Esq.
Goldstein and Peck, P.C.
955 Main Street
P.O. Box 1538
Bridgeport, CT 06601
Debra L. Rembowski
Clerk of the Commission