| Mystic— At a hearing before a state Freedom of Information officer Monday morning, the Old Mystic Fire Department argued its case that it is not a public agency and does not have to abide by state FOI law. Former volunteer firefighter Joćo Godoy, who complained to the agency about “secret meetings” at the fire department, argued his case that the fire department is a public agency. Both parties have been given three weeks to file their final arguments, in the form of briefs, after which the hearing officer will recommend a decision to the commission, which has the final say in the matter. In his complaint to the commission, Godoy, of Avon, alleges that the department — which is largely funded by district taxes — violated Connecticut's Freedom of Information laws when it revoked his membership at a meeting that was closed to the public without posting a notice of the meeting to the public. Fire Chief Kenneth W. Richards Jr. said last week that Godoy's complaint is the first challenge to a well-established firehouse policy of closed meetings. Attorney Brian K. Estep, who attended the hearing and is representing the fire department, said the department argued Monday that while the Mystic Fire District — whose board is directly elected by the public — is subject to FOI laws, the fire department is not. “The department has nothing. It all belongs to the district,” he said. “... There was never a dispute that the fire district is a public agency.” Godoy said that because the fire department receives its funding from the fire district and is part of the fire district, they are subject to Freedom of Information law. “Even though they have a separate board and separate members and everything else, they are a part of the district,” he said. “... I think (the FOI Commission) will find that because the fire department spends the money from the fire district, they are a public agency.” Estep said several volunteer fire departments could have to change the way they do business if the FOI Commission does not rule in the fire department's favor.
Mystic | R E A D E R'S C O M M E N T S | Posted- 8/28/2007 9:14:14 PM
I can't see how the FOI Commission can rule against the OMFD and in favor of Godoy anyway. This man is delusional and OMFD will not be his last target. His track record speaks for itself. He should hang his head in shame!!!!
Charlotte
Groton | Posted- 8/28/2007 3:05:43 PM
Read Section (b)!!!!!!!!!PART IVVOLUNTEER FIREFIGHTERSAND VOLUNTEER AMBULANCE SERVICE MEMBERSSec. 7-314. Definitions. Exemption from Freedom of Information Act. (a) Wherever used in this section and sections 7-314a and 7-322a, the word "municipality" includes each town, consolidated town and city, consolidated town and borough, city, borough, school district, fire district, fire and sewer district, sewer district, lighting district, improvement association or any other municipal corporation or taxing district, upon which is placed the duty of, or which has itself assumed the duty of, protecting its inhabitants from loss by fire; the term "fire duties" includes duties performed while at fires, while answering alarms of fire, while answering calls for mutual aid assistance, while returning from calls for mutual aid assistance, while directly returning from fires, while at fire drills or parades, while going directly to or returning directly from fire drills or parades, while at tests or trials of any apparatus or equipment normally used by the fire department, while going directly to or returning directly from such tests or trials, while instructing or being instructed in fire duties, while answering or returning from ambulance calls where the ambulance service is part of the fire service, while answering or returning from fire department emergency calls and any other duty ordered to be performed by a superior or commanding officer in the fire department; the term "active member of a volunteer fire company" includes all active members of said fire company, fire patrol or fire and police patrol company, whether paid or not paid for their services, except firemen who, because of contract of employment, come under the Workers' Compensation Act.(b) The records and meetings of a volunteer fire department which is established by municipal charter or constituted as a not-for-profit Connecticut corporation shall not be subject to the provisions of the Freedom of Information Act, as defined in section 1-200, if such records and meetings concern fraternal or social matters. Records and meetings concerning matters of public safety, expenditures of public funds or other public business shall be subject to disclosure under said sections.(1949 Rev., S. 910; 1959, P.A. 567, S. 1; 1963, P.A. 19; 1967, P.A. 892, S. 1; P.A. 79-376, S. 9; P.A. 86-408, S. 3, 4; P.A. 89-22, S. 1, 3; P.A. 96-83, S. 2, 3; P.A. 97-47, S. 15.)History: 1959 act included members of fire patrol or fire and police patrol companies in definition of "active member of a volunteer fire company"; 1963 act included going to and returning from fire drills or parades and tests or trials of apparatus in definition of "fire duties"; 1967 act made technical changes; P.A. 79-376 substituted "workers' compensation" for "workmen's compensation"; P.A. 86-408 added Subsec. (b) exempting operational meetings of active members of volunteer fire department from requirements of freedom of information act; P.A. 89-22 added answering and returning calls for mutual aid assistance to the definition of fire duties; P.A. 96-83 amended Subsec. (b) by exempting from the Freedom of Information Act the records and meetings of a volunteer fire department established by municipal charter or constituted as a not-for-profit Connecticut corporation if such records and meetings concern fraternal or social matters and specified that records and meetings concerning public safety, expenditures of public funds or other public business are not exempt, effective May 8, 1996; P.A. 97-47 amended Subsec. (b) by substituting "the Freedom of Information Act, as defined in Sec. 1-18a" for list of sections.
Heather Dagliere
Old Mystic, CT | | - 8/28/2007 3:30:41 PM |
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