FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was scheduled to be heard as a contested case on January 7, 2005, at which time the complainant and the respondent appeared.  After the complainant presented testimony and exhibits on the complaint, the parties entered into the following agreement:

In resolution of the Freedom of Information complaint, Docket #FIC 2004-381, the complainant, First Selectman, Town of Canterbury, and the respondent, Town Clerk, Town of Canterbury agree to the following (see joint exhibit J):

 

1.            By letter dated August 18, 2004, the complainant First Selectman requested on behalf of the Board of Selectmen, copies of all cancelled checks and bank statements pertaining to the Town Clerk Account for the period January 1, 2000 through June 30, 2004.

2.            With the exception of cancelled checks and bank statements, the respondent Town Clerk agrees to provide to the complainant the documents listed in the January 6, 2005 letter from the auditor, Kostin, Ruffkess and Company, LLC (see complainant’s exhibit b).

3.            The respondent Town Clerk will sign a release within three days of the receipt of a request from the bank for a release to provide copies of  bank statements and cancelled checks from the Town Clerk’s account for the period between January 1, 2000 to June 30, 2004 to the auditor, Kostin, Ruffkess and Company, LLC.  The town will pay all fees charged by the bank for providing said copies.

4.            The parties agree that the requested bank statements and cancelled checks provided to the auditor, Kostin, Ruffkess and Company, LLC, will not be copied or removed from the possession of the auditor, Kostin, Ruffkess and Company, LLC, without the written permission of the respondent Town Clerk.

5.            For the purpose of verifying the audit, the auditor, Kostin, Ruffkess and Company, LLC, has the permission of the respondent Town Clerk to show all documents including cancelled checks and bank statements to the complainant First Selectman, and all other members of the Canterbury Board of Selectmen.    The complainant First Selectman, on behalf of himself and all other members of the Canterbury Board of Selectmen, agree that the requested bank statements and cancelled checks will not be copied or shown to any other person(s) and will be reviewed solely for the purpose of confirming the audit results.

 

After reaching the agreement described above, the complainant indicated 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.

 

2.      The Commission notes notwithstanding the settlement agreement described in the findings above, that the complainant and the respondent are subject to the requirements of the FOI Act.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 23, 2005.

 

________________________________

Petrea A. Jones

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:

 

First Selectman,

Town of Canterbury

c/o Paul Santoro, First Selectman

Town of Canterbury

One Municipal Drive

PO Box 26

Canterbury, CT 06331

 

 

Town Clerk,

Town of Canterbury

c/o Barbara J. Collins, Esq.

44 Capitol Avenue, Suite 402

Hartford, CT 06106

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2004-381FD/paj/3/29/2005