FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

            The above-captioned matter was consolidated for hearing with Docket # 2004-094 and Docket # 2004-118. The three cases were scheduled to be heard as contested cases on June 15, 2004, at which time the complainant and the respondent in the above captioned matter appeared to present testimony, exhibits and argument on the complaint. However, shortly after the hearing was opened, with the permission of the parties, an informal conference was held to discuss the issues presented by all three cases.

 

As a result of this conference, the parties in the above captioned matter have agreed as follows:

 

1) At the time of the respondent’s February 9, 2004 special meeting, both the First Selectman and the Second Selectman had been serving in their respective offices for only a little more than two months;

 

2) The respondent, by the inadvertence of its members, violated §1-225(d), G. S., when it added three items to the agenda at the special meeting held on February 9, 2004; §1-225(d), G. S., expressly states that at special meetings, only business specified in the meeting notice may be considered; however, these violations were corrected within forty-eight hours when the three items were again considered at a new special meeting after legally sufficient notice;

 

3) Henceforth, the respondent will comply with the letter and the spirit of the Freedom of Information Act (“FOIA”); to facilitate this result, the respondent will contact the Commission within thirty days of the adoption of the final decision herein, in order to schedule an FOIA training session, to which all public officials in the town will be invited.

 

Based upon these agreements, the complainant agreed to withdraw his complaint in this contested case.             The Commission warmly commends the complainant and the respondent for reaching a non-litigated settlement of this case.

 

            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 July 14, 2004.

 

 

___________________________________

Ann B. Gimmartino

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:

 

Neil DuPont, Sr.

361 Boston Road

Canterbury, CT  06331

 

Board of Selectmen,

Town of Canterbury

c/o Paul Santoro, First Selectman

PO Box 26, One Municipal Drive

Canterbury, CT  06331

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

FIC/2004-065/FD/abg/07/15/2004