FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Jay Lewin,
Complainant
against Docket
#FIC 95-181
Mayor of New Milford, New
Milford Town Council and New Milford Town Attorney,
Respondents July 26, 1995
The above-captioned matter was heard as a contested
case on June 9, 1995, at which time the complainant and the respondents
appeared and presented testimony, exhibits and argument on the complaint. On the basis of the evidence presented, the
hearing officer did not find probable cause to believe that the respondents
will violate 1-18a and 1-21, G.S., and therefore issued no
preliminary order pursuant to 1-21i(b), G.S.
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 with this Commission on June 7, 1995, the complainant
alleged that the respondents violated the provisions of the Freedom of
Information ("FOI") Act by conducting an improper executive session
on June 1, 1995.
3. On motion
by the respondents at the hearing into this matter, the hearing officer removed
the town attorney as a party respondent in the case
4. It is
found that on June 1, 1995, the respondents conducted a special meeting during
which they entered an executive session to discuss a request for a special
waste authorization to the Department of Environmental Protection
("DEP") by an entity known as "Waste Management."
5.
Specifically, the respondents considered the practicality of engaging a
consultant, whether or not to proceed on the issue, and whether potential
litigation against the DEP would be desirable depending upon any future
findings a consultant may make.
FIC 95-181 Page
2
6. The
respondents' executive session also included the following topics:
a) the amount of money to be spent on consultants
and
attorneys and the hiring of a lobbyist;
b) the contents of some prior consultants' reports;
c) the frequency of updates from lawyers and
consultants;
d) legal options of the town including the
feasibility of a
declaratory judgment before superior court, whether an
immediate claim could be filed against the DEP, and
appropriate timing of any such filings.
7. The
respondents claim that the executive session at isue was permitted pursuant to
1-18a(e)(2) and, 1-18a(h)(3), G.S.
8. It is
concluded that while the executive session topic identified in paragraph 6d),
above, falls within the meaning of 1-18a(e)(2) and 1-18a(h)(3), G.S.;
it is also concluded that the respondent's discussions concerning budgeting,
hiring and the frequency of reports from consultants and attorneys falls
outside the above-referenced exemptions.
9. It is
accordingly concluded that portions of the respondent's June 1, 1994 executive
sessions should have technically taken place in open session.
10. It is
concluded that under the facts of this case, the respondent violated the
provisions of 1-21(a), G.S., when it excluded the public from its
discussion identified in paragraphs 6a) b) and c), above.
11. At the
hearing into this matter, the respondent requested the imposition of civil
penalties against the complainant for having filed a frivolous appeal, which
request is herein denied.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. Henceforth
the respondent shall strictly comply with the provisions of 1-21(a), G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of July 26, 1995.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-181 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:
Jay Lewin, Esq.
P.O. Box 603
Sherman, CT 06784
Mayor of New Milford, New
Milford Town Council
and New Milford Town Attorney
c/o Daniel E. Casagrande,
Esq.
Secor, Cassidy &
McPartland
301 Main Street
Danbury, CT 06810
Elizabeth A. Leifert
Acting Clerk of the
Commission