FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

James M. Wright,

 

                        Complainant

 

            against              Docket #FIC 90-310

 

Dan Teper, First Selectman and Ron Phillips, Second Selectman, Town of Lisbon,

 

                        Respondents                 February 13, 1991

 

            The above-captioned matter was heard as a contested case on December 3, 1990, 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 and conclusions of law are reached:

 

            1.  The respondents are public agencies within the meaning of 1-18a(a), G.S.

 

            2.  By letter filed with this Commission on August 20, 1990, the complainant alleged the following: a) on July 24, 1990, the first and second selectmen conducted official business of the town of Lisbon before the New Haven Solid Waste Committee with no prior notice to the public or the third selectman, b) the respondents conferred with a Lisbon project developer concerning Lisbon business prior to the solid waste hearing as well as privately during the hearing with no prior notice to the complainant or the public, and c) the respondent filed no minutes of their July 24, 1990 meeting in question.

 

            3.  It is found that the first and second selectmen constitute a quorum of the three member Board of Selectmen of the town of Lisbon, of which the complainant is the third member.

 

            4.  It is found that on July 24, 1990, the respondents and the complainant separately attended a solid waste committee meeting in New Haven at which meeting a controversial incineration development project was discussed.

 

            5.  It is also found that respondents and the complainant individually addressed the meeting and were identified as members of the Lisbon Board of Selectmen.

 

Docket #FIC 90-310                           Page 2

 

            6.  It is also found, however, that the Lisbon Board of Selectmen lacked supervision, control, jurisdiction or advisory power with respect to the July 24 solid waste committee meeting.

 

            7.  It is concluded, therefore, that technically the respondents did not violate the provisions of 1-21(a), G.S. when speaking before the solid waste committee on July 24, 1990.

 

            8.  It is also found that the respondents dined with two individuals from the Wheelabrator Corporation in New Haven prior to the July 24 solid waste committee meeting.

 

            9.  It is found that the respondents did not conduct official business during the dinner identified in paragraph 8, above.

 

            10.  It is concluded that the respondents technically did not violate the provisions of 1-21(a), G.S. when they spoke with the developer prior to or during the July 24 meeting of the solid waste committee.

 

            11.  It is also concluded that the respondents technically did not violate the provisions of 1-21(a), G.S. by failing to provide minutes of the solid waste committee meeting.

 

            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.

 

            2.  The Commission cautions the respondents that although under the facts of this case they were found not to have violated the letter of the law, they may have appeared to the casual observer to be representing the town of Lisbon at the solid waste committee meeting. 

 

            3.  The Commission further notes that unnoticed gatherings of the respondents to discuss matters of wide community concern create the appearance of secret government -- especially where the minority party selectman is excluded.  Topics of discussion are difficult to control at such meetings, and prudence may dictate avoiding the appearance or possibility of FOI Act violations.

 

Approved by order of the Freedom of Information Commission at its regular meeting of February 13, 1991.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-310                           Page 3

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

JAMES W. WRIGHT

74 Lisbon Heights

Lisbon, CT 06351

 

DAN TEPER, FIRST SELECTMAN AND RON PHILLIPS, SECOND SELECTMAN, TOWN OF LISBON

c/o Michael P. Carey, Esq.

Brown, Jacobson, et al.

22 Courthouse Square

Norwich, CT 06360

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission