FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Greater Browns Lane Homeowners Association,

Complainant

against Docket #FIC 90-191

Old Lyme Planning Commission and Old Lyme Sanitarian,

Respondent May 8, 1991

The above-captioned matter was heard as a contested case on October 18, 1991, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. The respondents are public agencies within the meaning of 1-18a(a), G.S.

2. By letter of complaint filed June 6, 1990, the complainants alleged that the respondents violated the Freedom of Information Act:

a. the respondent commission held an illegal workshop on June 4, 1990, and at other unspecified dates, and

b. the respondent sanitarian had failed to provide a feasibility study on a proposed development to the Planning Commission.

3. The respondents claimed that their actions did not violate the Freedom of Information Act and moved to dismiss the complaint.

4. It is found that the Freedom of Information Act does not require the sanitarian to present feasibility studies to the respondent commission, and, therefore, this Commission lacks jurisdiction to entertain the claim regarding the sanitarian stated at paragraph 2(b).

5. It is found that the June 4, 1990 workshop which is the subject of the complaint against the respondent commission

#FIC 90-191 Page Two

consisted of a discussion between the chairperson of the respondent commission, the planning consultant for the commission, and a representative of a developer.

6. It is found that the only public official present at the workshop was the chairman of the respondent commission.

7. It is found that the workshop was not a meeting within the meaning of 1-18a(b), G.S.

8. It is found that with respect to the other meetings the complainants allege were illegally held, the complainants admit they had actual knowledge of these meetings on April 5, 1990.

9. It is concluded, therefore the Commission has no jurisdiction over the complainants claim regarding alleged illegal meetings that are discussed at paragraph 8 above.

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 May 8, 1991.

Tina C. Frappier

Acting Clerk of the Commission

#FIC 90-191 Page Three

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:

GREATER BROWNS LANE HOMEOWNERS ASSOCIATION

c/o Suzanne L. Haskell

31 Flat Rock Hill Road

Old Lyme, CT 06371

OLD LYME PLANNING COMMISSION

c/o James E. Mattern, Esq.

Booth and Mattern

8 West Main Street

P.O. Box 617

Niantic, CT 06357

OLD LYME DIRECTOR OF HEALTH

c/o Marylin C. Clarke, Esq.

Halls Road

P.O. Box 334

Old Lyme, CT 06371

Tina C. Frappier

Acting Clerk of the Commission