FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
Ford Fay,
		Complainant
	against		Docket #FIC 2000-053
Third Selectman, Town of Pomfret,
		Respondents	March 22, 2000

Prior to the scheduled hearing in this matter, the complainant and the respondent reached the terms of an agreement in resolution of this contested case, and agreed to convey that information to the hearing officer.

The parties have agreed that, in connection with the meeting of the Board of Selectman, Town of Pomfret, of January 18, 2000, there was a technical violation of the §1-225(a), G.S., requirement that subsequent business not included on the filed agenda be considered only after a two-thirds vote (a two-thirds vote having been taken only on the separate issue of holding an executive session). The parties have also agreed that the executive session that was held by said Board of Selectman on January 18, 2000 was conducted for a lawful purpose (that purpose being consideration of strategy with respect to pending litigation). Based upon the Commission’s procedure of incorporating the terms of this agreement into its final decision, the complainant informed the Commission that he wished to withdraw his complaint.

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

March 22, 2000.

_________________________

Melanie R. Balfour

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:

Ford Fay

113 Wolf Den Road

Pomfret Center, CT 06259

Third Selectman, Town of Pomfret

c/o Thomas Pahl

147 Tyrone Road

Pomfret Center, CT 06259

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC2000-053FD/mrb/03/23/00