The above-captioned matter was scheduled to be heard as a contested case on December 19, 1997, at which time the complainant and the respondent Board of Selectmen appeared in order to present testimony and argument on the complaint. The heading above has been amended in order to reflect the previous withdrawal of Gordon Mello as a complainant.

        At an informal conference prior to the December 19, 1997 hearing, the complainant and the respondent Board of Selectmen reached the terms of an agreement in resolution of this contested case, wherein the parties agreed that there were three violations of the Freedom of Information Act ("FOIA") in connection with the meeting of the respondent Board of Selectmen held on May 27, 1997:

a) the minutes did not disclose the persons who were in attendance at the executive session, as required by § 1-21g(a), G.S.;

b) the respondent Board of Selectmen did not state the reasons for such executive session, as said reasons are defined at § 1-18a(e), G.S., and as required by § 1-21(a), G.S.;

c) the respondent Board of Selectmen did not, as required by § 1-21(a), G.S., separately vote to add subsequent business to its filed agenda, prior to voting unanimously to hold an executive session which had not been listed on the filed agenda.

        The respondent Board of Selectmen also agreed to sponsor a FOIA workshop within the next forty five days, inviting current members of all boards and commissions of the Town of Somers to attend. The workshop would be conducted with the assistance of the Town Counsel and the Freedom of Information Commission staff. It would be designed to inform all Town public officials concerning FOIA requirements and encourage them to strict compliance.

        Based upon this agreement, the complainant informed the Commission that he wished to withdraw his complaint.

        The Commission warmly commends both the complainant and the respondent Board of Selectmen for working successfully to negotiate a non-litigated settlement of their earlier differences.

        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 February 18, 1998.

_________________________
Doris V. Luetjen
Acting Clerk of the Commission

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:
Mark Jones
106 Bilton Road
Somers, CT 06071

Richard Jackson, III, First Selectman, Town of Somers
Town of Somers-Town Hall
600 Main Street
Somers, CT 06071

Phillips Roland
64 Beverly Drive
Somers, CT 06071

Allyson Vecchiarelli
5 Noah Chapin Drive
Somers, CT 06071

Board of Selectmen, Town of Somers
c/o Carl T. Landolina
487 Spring Street
Windsor Locks, CT 06096

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-193/FD/tcg/02181998