FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Douglas M. Dingee and Greenwich

Fire Fighters, Local 1042,

 

            Complainants

 

            against                                                                          Docket #FIC 1996-072

 

Fire Chief, Town of Greenwich

Fire Department,

 

            Respondent                                                                  November 20, 1996

 

 

            The above-captioned matter was heard as a contested case on June 28, 1996, at which time the complainants 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 dated February 18, 1996, and filed with the Commission on February 22, 1996, the complainants appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by conducting a closed meeting on February 6, 1996. 

 

            3.  It is found that the complainants were excluded from the respondent’s February 6, 1996 meeting.

 

            4.  The respondent contends that the February 6, 1996 meeting was a staff meeting of a single member public agency and accordingly not subject to the open meetings provisions of the FOI Act under §1-18a(b), G.S. 

 

            5.  It is found that the Greenwich fire department consists of career as well as volunteer personnel, and is under the supervision and control of the first selectman who is responsible for department rules and regulations and for the discipline of its members. 

 

            6.  It is found that each of the town of Greenwich’s eight fire companies has a district chief who is supervised by the respondent who reports to the first selectman.

 

            7.  It is found that the following individuals attended the meeting at issue: the respondent, the respondent’s assistant, the district chiefs (or their representatives), the deputy chief for operations and the deputy chief fire marshall (both career employees), the fire captain, and other individuals who may not be under the authority of the respondent but who are there at the respondent’s request.

 

            8.  It is found that the following matters were discussed at the meeting of February 6, 1996:

 

a.      the number of “no shows” for firefighter 1 class;

b.     company needs for a firefighter 2 class;

c.      the feasibility of a public relations project;

d.     the keeping of fire units on the scene for a longer period

      of time than is necessary;

e.      fire watch issues;

f.       the representative town meeting’s budget overview committee’s

                              concerns over fund-raising activities;

g.      back-up generators for fire stations;

h.      informing district chiefs of the March 8, 1996 deadline for submit-

                              tals for the request for proposals for the town’s hiring of a consultant

                              to assist in recruitment and retention issues;

i.        the modification of physical examination requirements;

j.       acquiring photographs of the town’s seven fire stations;

k.     response to carbon monoxide alarms;

l.        address and house number problems in any areas the district chiefs wanted to report to the respondent so that the respondent could forward these concerns to the town planner;

m.    pager batteries and who is responsible for issuing them;

n.      OSHA violation concerning the training of fire officers

o.     the district chief’s possible supervision of physical exams given to volunteer personnel; and

p.     the distribution of the town’s annual report to the district chiefs.

 

            9.  It is concluded that under the facts of this case, the gathering at issue is excluded from the FOI Act’s definition of a “meeting” pursuant to §1-18a(b), G.S., as an administrative or staff meeting of a single-member public agency.

 

            10.  It is therefore concluded that under the facts of this case, the respondent did not violate the FOI Act when he excluded the complainants from his February 6, 1996 meeting.

 

            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.

 

            2.  The Commission notes that individuals who ordinarily would not attend a staff or administrative meeting of the respondent are often present at these gatherings.  The Commission wishes to encourage the respondent to continue and expand this policy of open government, even in instances where technically the public has no recourse under the FOI Act in the event of exclusion.

 

 

 

Approved by Order of the Freedom of Information Commission at its special meeting of November 20, 1996.

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

Acting Clerk of the Commission


 

 

 

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:

 

Douglas M. Dingee and Greenwich Fire Fighters, Local 1042

Valerie R. Chimblo, Esq.

PO  Box 5

Cos Cob, CT 06807-0005

 

 

Fire Chief, Town of Greenwich Fire Department

c/o  Joyce H. Young, Esq.

Assistant Town Attorney

Town Hall

101 Field Point Road

Greenwich, CT 06830

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FIC 1996-072/FD/eal/120496