566 A.2d 1380 | Conn. Super. Ct. | 1988
These are appeals by the Danbury board of education (board) from decisions rendered by the named defendant, the freedom of information commission (commission), in Lynn Royce, Edward Frede, the Danbury News-Times v. Board of Education, Docket No. FIC-87-160 (1987) and Docket No. FIC-211 (1988). In its decisions the commission held that the board's May 12, 1987 and July 9, 1987 executive sessions were not convened to discuss the "appointment" of a public officer or employee within the meaning of General Statutes §
On May 12, 1987, and July 9, 1987, the board held special meetings to interview candidates in order to fill vacancies on the board, pursuant to General Statutes §
On June 1, and July 30, 1987, letters of complaint were filed by the Danbury News-Times, Lynn Royce and Edward Frede, alleging that the board violated the Freedom of Information Act (act) by going into executive session at these meetings. They claimed that they should not have been excluded from those portions of the meetings when the board convened into executive session for discussion of the candidates. They claimed that such exclusion violated General Statutes §
At subsequent hearings the commission hearing officer found that at the executive sessions, the board did not discuss the "appointment" of a public officer within the meaning of §
The sole issue before this court is whether the filling of a vacancy in accordance with §
The defendants Royce, Frede and the Danbury News-Times claim that the commission's decisions addressing the issue have unanimously held that it is a violation of the act for a public board or agency to go into executive session for the purpose of filling a vacancy on a board or agency that is normally an elective position. Advisory Opinion No. 49, dated August 12, 1981, however, would suggest otherwise. In any event, "`the construction of a statute on an issue that has not previously been subjected to judicial scrutiny is a question of law on which an administrative ruling is not entitled to special deference.'" AMAX, Inc. v. Groppo,
It is the court's opinion that the term "filling a vacancy" as used in §
Accordingly, the rulings of the commission are reversed and set aside.