City sought review of determination by Freedom of Information Commission that gathering of four members of its 12-member city council, the city’s mayor, and the retiring city manager to discuss the search for a new city manager violated open meeting requirements of state’s Freedom of Information Act.
The Superior Court dismissed appeal. City appealed. The Appellate Court reversed and remanded with directions. Commission’s petition for certification to appeal was granted, as limited to specified issue.
The Supreme Court held that:
- The Supreme Court was not required to afford deference to Commission’s interpretation of “proceeding,” as that term was used in subdivision of Act defining “meeting” as any hearing or other proceeding of a public agency, and
- Gathering of city council’s four-member leadership group with the mayor and the retiring city manager was not a “hearing or other proceeding” of a public agency and, thus, was not a “meeting” subject to the open meeting requirements of the Act.