FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Linda D. Nelson,

 

                                Complainant

 

                against                   Docket #FIC 95-70

 

Burlington First Selectman,

 

                                Respondent                          December 13, 1995

 

                The above-captioned matter was heard as a contested case on October 2, 1995, at which time the complainant and the respondent appeared, 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 of complaint filed March 17, 1995, the complainant appealed to the Commission, alleging that the respondent held a meeting on March 2, 1995, and barred members of the public.

 

                3.             It is found that the Lake Garda Improvement Association is a quasi-municipal entity that has been involved in an ongoing dispute with the State Department of Environmental Protection and Farmington officials concerning the status of Lake Garda and the Lake Garda Dam ("dam dispute").

 

                4.             It is found that on March 2, 1995, all interested parties to the dam dispute met in a room at the Burlington Town Hall ("March meeting").

 

                5.             It is found that the March meeting occurred at the invitation of the respondent.

 

                6.             It is found that the respondent attended the March meeting.

 

Docket #FIC 95-70                                               Page 2

 

                7.             Section 1-18a(b), G.S., defines "meeting" to mean:

 

                any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public agency, and any communication by or to a quorum of a multimember public agency, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power.

 

                8.             It is found that the Burlington Board of Selectmen ("board"), is the executive authority for the Town of Burlington, and the respondent chairs the board.

 

                9.             It is found that the March meeting was not a hearing or proceeding of either the respondent or the board.

 

                10.           It is found that there was no quorum of the board at the March meeting.

 

                11.           It is found further that neither the respondent nor any of the attendees at the March meeting discussed matters at that meeting that were within the supervision, control, jurisdiction, or advisory power of the respondent or the board.

 

                12.           It is concluded that the March meeting was not a meeting of the respondent within the meaning of 1-18a(b), G.S.

 

                13.           It is concluded further that the respondent hosted and attended the March meeting in no official capacity.

 

                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 notes that all parties to the March meeting should have been more sensitive to the fact that the dam dispute is a matter of great public concern to the citizens in the affected and neighboring towns.

 

Docket #FIC 95-70                                               Page 3

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 13, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-70                                               Page 4

 

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:

Linda D. Nelson

472 Jerome Avenue

Burlington, CT 06013

 

Burlington First Selectman

c/o Charles W. Bauer, Esq.

Eisenberg, Anderson, Michalik & Lynch

P.O. Box 2950

New Britain, CT 06050

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission