Freedom of Information Commission

of the State of Connecticut

 

 

In the Matter of a Complaint by                                    Final Decision

 

Charles M. Andreoli,

 

                        Complainant

 

            against                                                              Docket #FIC 1995-345

 

Allingtown Board of Fire Commissioners,

 

                        Respondent                                          August 28, 1996

 

 

            The above-captioned matter was heard as a contested case on April 9, 1996, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The case was consolidated with docket #FIC 1995-346, Anthony Krzeminski v. Allingtown Board of Fire Commissioners, for purposes of hearing.

 

            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 dated November 21 and filed on November 30, 1995, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (FOI) Act by convening in executive session without a stated purpose at its November 8, 1995 regular meeting to discuss a matter not listed on its agenda.

 

            3.  It is found that at their November 8, 1995 regular meeting, the respondents convened in executive session for 22 minutes to discuss the operations and procedures for a newly created Secretary/Treasurer position.

 

4.  It is found that the discussion described in paragraph 3, above, was not referenced in the respondent’s November 8, 1995 meeting agenda.

 

5.  It is further found that the respondents did not vote to add the discussion described in paragraph 3, above, to its regular meeting agenda as new business.

 

            6.  It is also found that the respondent failed to publicly state the reason for the executive session prior to convening in such session.

Docket # FIC 1995-345                                                                                              Page 2

 

            7.  It is concluded that by discussing an item at its November 8, 1995 regular meeting which was not listed on its meeting agenda, and by failing to publicly state the reason for entering into an executive session, the respondent violated the provisions of §1-21(a), G. S.

 

            8.  The Commission notes that the matter of whether the executive session discussion, if properly noticed, was an appropriate subject for executive session is not a part of the complaint, and accordingly, is not addressed in this decision.

 

            9.  The Commission notes that the respondent is under prior Commission order to strictly comply with the requirements of §1-21(a), G.S., pursuant to the final decisions in contested cases docket #FIC 93-79, John Carlo v. Allingtown Fire District, 94-343, John Carlo v. Louis Esposito, Vincent Giannotti, David Forsyth, and Allingtown Fire District Board of Fire Commissioners, and 94-357, John E. Alexander v. Louis Esposito, Vincent Giannotti, and Allingtown Fire District Board of Fire Commissioners.  The Commission also notes that it has made its resources available to the respondents through an FOI Act workshop ordered in contested case docket #FIC 94-184, John Carlo v. Allingtown Fire District.

 

            10.  Accordingly, it is concluded that the respondent’s violations of the FOI Act as described in paragraph 7, above, were without reasonable grounds.

 

            11.  Nevertheless, the Commission declines to further expend its scarce resources for the additional hearing which would be required to consider the imposition of civil penalties against the respondent in this matter.

 

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

 

            1.  The respondent shall henceforth strictly comply with the provisions of §1-21(a), G.S., taking special attention to comply with all executive session provisions.

 

            2.  The Commission cautions the respondent that repeated, willful violations of the FOI Act may subject its individual members to the maximum civil penalties of $1000 per violation and referral to the State Attorney’s office for prosecution under §1-21k(b), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 28, 1996.

 

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

Docket # FIC 1995-345                                                                                              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:

 

Charles Andreoli

115 Sycaway Street

West Haven, CT 06516

 

 

Allingtown Board of Fire Commissioners

c/o Louis Smith Votto, Esq.

P.O. Box 411

West Haven, CT 06516

 

 

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission