FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Ann M. Caggiano,
Complainant
against Docket
#FIC 87-390
Town of Wilton Board of Selectmen and Planning and Zoning Commission,
Respondents April
27, 1988
The above-captioned
matter was heard as a contested case on February 11, 1988, at which time the
complainant and the respondents 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:
1. The respondents are public agencies within
the meaning of §1-18a(a), G.S.
2. On December 21, 1987, the respondent board
held a regular meeting at which it convened in executive session.
3. By letter dated December 22, 1987 and filed
with the Commission on December 28, 1987, the complainant alleged the
respondent board impermissibly convened in executive session at its December
21, 1987 regular meeting.
4. Specifically, the complainant alleged:
a.
The respondent board impermissibly convened in executive session to
discuss a proposed lease agreement between the Town of Wilton and Metro-Mobile
CTS of Fairfield County, Inc. (hereinafter "Metro-Mobile") concerning
the location of a telecommunications tower in the Town of Wilton.
b.
The lease agreement subsequently approved by the respondent board is
invalid because it was the subject of an illegal executive session.
5. By letter dated February 2, 1988, the
complainant requested the Commission to declare the lease agreement null and
void.
Docket #FIC 87-390 Page 2
6. The respondents claim the respondent board
permissibly convened in executive session under §§1-18a(e)(2), 1-18a(e)(4) and
1-18a(e)(5), G.S., to discuss:
a.
Strategy and negotiations with respect to a pending claim before the
Connecticut Siting Council to which the Town of Wilton is a party.
b.
The terms of a proposed lease agreement currently being negotiated
between the Town of Wilton and Metro-Mobile concerning the location of a
telecommunications tower on town property.
c.
The contents of a record privileged by the attorney-client relationship.
7. It is found that at the time of the
respondent board's December 21, 1987 meeting, Metro-Mobile had applied to the
Connecticut Siting Council for a "certificate of environmental
compatibility and public need" concerning the location of a
telecommunications tower in the Town of Wilton.
8. It also is found the respondent board was a
party to the proceeding pending before the Connecticut Siting Council.
9. It is found, however, the respondent board
convened in executive session at its December 21, 1987 regular meeting to
discuss the terms of a proposed lease agreement with Metro-Mobile concerning
the location of a telecommunications tower in the Town of Wilton.
10. It also is found the respondent board failed
to prove the discussion in executive session constituted strategy and
negotiations with respect to a pending claim or litigation within the meaning
of §1-18a(e)(2), G.S.
11. It therefore is concluded the respondent
board did not convene in executive session for a permissible purpose under
§1-18a(e)(2), G.S.
12. It is found that although the respondent
board convened in executive session to discuss a proposed lease agreeement, it
failed to prove that publicity of that lease would likely result in an
increased price to the town or to the potential lessee within the meaning of
§1-18a(e)(4), G.S.
13. It therefore is concluded the respondent
board did not convene in executive session for a permissible purpose under
§1-18a(e)(4), G.S.
Docket #FIC 87-390 Page 3
14. It is found the respondent board employed
special counsel to provide advice and assistance concerning the appropriate
location of a telecommunications tower in the Town of Wilton.
15. It also is found special counsel wrote a
letter to the respondent First Selectman, dated December 8, 1987, concerning
the proposed lease agreement with Metro-Mobile.
16. It further is found the respondent board
convened in executive session to discuss the letter described in paragraph 15,
above.
17. It further is found the letter described in
paragraph 15, above, is a communication between the respondent board and its
attorney, made in confidence, for the purpose of seeking legal advice and
therefore is exempt from public disclosure under §1-19(b)(10), G.S.
18. It therefore is concluded the respondent
board convened in executive session for a permissible purpose under
§1-18a(e)(5), G.S.
19. The Commission therefore declines to declare
the lease agreement null and void.
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.
Approved by order of
the Freedom of Information Commission at its regular meeting of April 27, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission