FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL DECISION
Sherman Beinhorn
and the Middletown Press,
Complainants
against Docket #FIC 86-103
The Middletown
Municipal Development Commission, Chairman of the Development Commisssion,
Municipal Coordinator of the Development Commission and Councilman Dzialo of
the Development Commission,
Respondents June 11, 1986
The above captioned matter was heard
as a contested case on May 16, 1986, at which time the complainants 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:
1.
The respondents are public agencies within the meaning of 1-18a(a),
G.S.
2.
By letter of complaint filed with the Commission on April 17, 1986 the
complainant Beinhorn alleged that the respondents at their April 14, 1986
meeting convened in executive session for an improper purpose.
3.
The respondents claim they convened in executive session for a proper
purpose within the meaning of 1-18a(e)(4), G.S., to discuss the possible
purchase of real estate by the City of Middletown.
4.
It is found that the respondents convened in executive session at their
April 14, 1986 meeting to discuss the College to Court Street block program and
review in-house appraisals with respect to privately-owned properties in that
area as well as strategy and negotiations concerning the purchase of some of
those properties.
Docket #FIC
86-103
Page 2
5.
The complainant Beinhorn argues that the development of the College to
Court Street area is not immediate and that the meeting in question was
"preliminary."
6.
It is found that 1-18a(e)(4), G.S., does not precondition convening
in executive session on whether a political subdivision anticipates the
"immediate" lease, sale,
purchase or
construction of property.
7.
It is concluded that the respondents convened in executive session for a
permissible purpose within the meaning of 1-18a(e)(4), G.S.
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 June 11, 1986.
ÿ
Karen J.
Haggett
Clerk of the
Commission