FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Sydney M. Libby,

Complainant

against Docket #FIC 94-107

Middletown Conservation Commission and Open Space Preservation

Committee of the Middletown Conservation Commission,

Respondents May 24, 1995

The above-captioned matter was heard as a contested case on October 11, 1994, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

This matter was originally designated as Sydney Libby v. Middletown Conservation Board. However, on inquiry by the Commission at the hearing on this matter, it became apparent that the complainant had improperly named the respondents in his letters of complaint. Consequently, without objection, the Commission designated the respondents listed in the caption of this report as the proper parties to this matter.

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

1. By letter dated April 1, 1994 and filed April 5, 1994, the complainant appealed to the Commission alleging that the Middletown Conservation Board failed to give proper notice of its March 8, 1994 meeting and convened in executive session for improper purposes. In a second letter on the same date the complainant alleged that the Middletown Conservation Board convened in executive session for improper purposes during its March 10, 1994 meeting.

2. Section 1-21i(b), G.S., provides in relevant part:

"...Said [freedom of information] commission shall, after due notice to the parties, hear and decide the appeal within one year after the filing of the notice of appeal...."

Docket #FIC 94-104 Page 2

2. The Commission did not hear and decide this matter within one year from the date the complainant filed his notice of appeal, as required by 1-21i(b), G.S. Consequently, the Commission lacks jurisdiction over the subject of this 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 May 24, 1995.

Debra L. Rembowski

Clerk of the Commission

Docket #FIC 94-107 Page 3

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:

SYDNEY M. LIBBY

251 Court Street, Apt. 3

Middletown, CT 06457

MIDDLETOWN CONSERVATION COMMISSION AND OPEN SPACE PRESERVATION COMMITTEE OF THE MIDDLETOWN CONSERVATION COMMISSION

c/o Timothy P. Lynch, Esq.

Middletown City Attorney's Office

245 DeKoven Drive

P.O. Box 1300

Middletown, CT 06457

Debra L. Rembowski

Clerk of the Commission