FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

           

The above-captioned matter was heard as a contested case on October 6, 2005, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, this matter was consolidated with Docket #s FIC 2005-308, Paul Santoro, First Selectman v. Lloyd Anderson, Chairman, Board of Finance, Town of Canterbury; #FIC 2005-309; Paul Santoro, First Selectman v. Cheryl Miller, Treasurer, Town of Canterbury; and FIC 2005-310; Paul Santoro, First Selectman v. Patricia Grassi, Town Clerk, Town of Canterbury.  At the request of the complainant, the case caption has been amended to reflect the fact that, at the time of the filing of this complaint, the complainant was First Selectman of the town of Canterbury. 

 

            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 §1-200(1), G.S.

 

2.  By letter of complaint dated June 27, 2005 and filed on June 29, 2005, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by not fully complying with item #3 of a settlement agreement referenced in the final decision of contested case Docket #FIC 2004-381; First Selectman, Town of Canterbury v. Town Clerk, Town of Canterbury (March 23, 2005) [hereinafter “Docket #FIC2004-381”].  The complainant requested the imposition of a civil penalty against the respondent.

 

3.  The Commission takes administrative notice of the final decision in Docket #FIC2004-381, which recites five terms of an agreement reached by the parties in settlement of such matter.  It is found that item # 3 of such agreement states as follows: “[t]he 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.  It is further found that, after reciting the terms described in paragraph 3, above, the final decision of the Commission in Docket #FIC2004-381 then stated the following:

 

“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.”

 

5.  It is found that the parties voluntarily entered into the settlement agreement referenced herein in resolution of their dispute in Docket #FIC2004-381. 

 

6.  Consequently, it is found that the Commission did not order compliance with the terms of the settlement agreement described in Docket #FIC2004-381. 

 

7.  Therefore, with respect to the allegation described in paragraph 2, above, which is a request for enforcement of the settlement agreement, it is concluded that the Commission lacks jurisdiction to enforce that agreement between the parties, since any alleged failure to comply with the agreement would not violate any order imposed by the Commission.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.  The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 24, 2006.

 

________________________________

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:

 

Paul Santoro, First Selectman

Town of Canterbury

One Municipal Drive

Canterbury, CT 06331

 

Patricia Grassi, Town Clerk,

Town of Canterbury

c/o Barbara J. Collins, Esq.

44 Capitol Avenue

Hartford, CT 06106

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2005-311FD/paj/5/25/2006