FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Edward J. Henry and Candlewood Shores Estates, Inc.,

Complainants

against Docket #FIC 90-464

Candlewood Shores Tax District,

Respondent July 10, 1991

The above-captioned matter was heard as a contested case on April 18, 1991, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

2. By letter dated November 15, 1990 and filed November 19, 1990, the complainants appealed to the Commission alleging that the respondent failed to follow the proper format under the Freedom of Information Act for convening an executive session.

3. Under cover of a letter dated November 21, 1990 and filed November 23, 1990, the complainants clarified their earlier complaint, submitting minutes of the respondent's October 24, 1990 meeting, which meeting is the subject of the complainant's earlier complaint.

4. It is found that the respondent listed "recommended executive session for the purpose of consideration of a written legal opinion" as one of the agenda items for its October 24, 1990 regular meeting.

Docket #FIC 90-464 Page 2

5. It is also found that the complainants originally received unapproved minutes of the October 24, 1990 meeting which due to a clerical error in their preparation read: "Executive Session - Talked."

6. It is also found that the minutes of the respondent's October 24, 1990 meeting, were corrected and approved as corrected at the respondent's November 14, 1990 meeting, to read: "Executive Session - Tabled."

7. It is further found that both the approved minutes and the unapproved minutes of the October 24, 1990 meeting indicate that an executive session was convened during the meeting but neither set of minutes indicate the purpose for the executive session.

8. It is concluded therefore that the respondent violated 1-21(a), G.S., by failing to state in the minutes of the October 24, 1990 meeting the reason for the executive session in a manner which clearly communicated such purpose to the public.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. The respondent shall henceforth comply with the requirements of 1-18a(e) and 1-21(a), G.S., with respect to the convening of its executive sessions.

Approved by Order of the Freedom of Information Commission at its regular meeting of July 10, 1991.

Debra L. Rembowski

Acting Clerk of the Commission

Docket #FIC 90-464 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:

Edward J. Henry and Candlewood Shores Estates, Inc.

109A Beaver Brook Road

Danbury, CT 06810

Candlewood Shores Tax District,

c/o Ms. Catherine Thompson, President

55 Longview Drive

Brookfield, CT 06804

Debra L. Rembowski

Acting Clerk of the Commission