FREEDOM OF INFORMATION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Sandra K. Decker
Complainant
against Docket
#FIC 88‑208
Board of Mayor and Burgesses
of the Borough of Naugatuck
Respondents September
28, 1988
The above‑captioned matter was heard as a contested
case on July 26, 1988, at which time the complainant and the respondents
appeared and presented testimony, exhibits and argument on the complaint.
After consideration of the entire record, the following
facts were found:
1. The
respondent is a public agency within the meaning of §1‑18a(a), G.S.
2. By letter
of complaint dated June 1, 1988 and filed with the Commission on June 3, 1988,
the complainants alleged that the respondent violated §1‑21(a), G.S.,
when it held an executive session on private property.
3. The
respondent claim that the members of the Board permissibly convened an
executive session to discuss strategy and negotiations on pending litigation.
4. At the
hearing the respondent moved to dismiss the complaint on the grounds that there
is no statutory requirement limiting where an executive session can be held.
5. The hearing
officer denied the the respondent's motion to dismiss.
6. It is found that on May 4, 1988, the
Board of Mayor and Burgesses held a special meeting with General Datacom
officials on Datacom's private property.
7. It is
concluded that the respondent failed to comply with the open meetings
requirement of §1‑21(a), G.S., when it held the special meeting of May 4,
1988 because a meeting held on private property is not accessible to the
public.
The following order by the Commission is hereby recommended
on the basis of the record concerning the above captioned complaint:
1. Henceforth,
the respondents shall act in strict compliance with the requirements of §1‑21(a),
G.S.
2. On
Thursday, October 13, 1988 at 2 p.m., each of the named respondents shall
appear in Hartford, at the Freedom of Information Commission, 97 Elm Street
(Rear), to attend an educational workshop on the Freedom of Information Act
which will be conducted by a staff attorney.
Approved by order of the Freedom of Information Commission
at its special meeting of September 28, 1988.
Catherine H. Lynch
Acting Clerk of the Commission