FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on December 12, 1996, at which time the complainant and 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 dated March 15, 1996, and filed with the Commission on March 20, 1996, the complainant alleged that the respondents held unnoticed or secret meetings in the fall and winter of 1994-1995 at which negotiations or discussions occurred concerning the sale of the Washburn Automotive property located on Route 7 South, Falls Village, Connecticut.

3. The respondents asked the Commission to impose a civil penalty against the complainant as permitted by § 1-21i(b)(2), G.S., for taking an appeal frivolously, without reasonable grounds and solely for the purpose of harassing the respondents.

4. It is found that the respondents did not have secret or unnoticed meetings as alleged by the complainant.

5. It is found that the complainant has failed to prove that the respondents violated the Freedom of Information Act.

6. Given the facts of this case, it is also found that the respondents have failed to prove that the complainant filed his appeal frivolously, without reasonable grounds and solely for the purpose of harassment.

7. Therefore, the Commission declines to grant the respondents’ request for the imposition of a civil penalty against the complainant in this case.

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 February 26, 1997.

__________________________
Elizabeth A. Leifert
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:

Marc A. Mittaud
43 Dublin Road
Falls Village, CT 06031

Board of Selectmen, Town of Canaan and Town Attorney, Town of Canaan

c/o Judith Dixon, Esq.
Dixon & Brooks
45 Center Street
Winsted, CT 06098

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC1996-180/FD/eal/03071997