FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Frank and Angela Farina,

Complainant(s)

against Docket #FIC 90-75

Bridgeport Common Council,

Respondent(s) October 24, 1990

The above-captioned matter was heard as a contested case on June 11, 1990, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The original caption for this case was Frank and Angela Farina v. City of Bridgeport. However, that caption did not correctly identify the respondent in this matter. Therefore, the caption for Docket #FIC 90-75 was amended to reflect the correction.

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

1. The respondent is a public agency within the meaning of 1-18a(a), G.S.

2. By letter of complaint dated February 18, 1990, postmarked February 27, 1990, and filed with the Commission on February 28, 1990, the complainants alleged that at its January 16, 1990 regular meeting the respondent:

a. improperly convened in executive session in violation of 1-18a(e) and 1-21, G. S.;

b. improperly approved an agreement in the executive session which called for the initiation of eminent domain proceedings against property owned by the complainants;

Docket #FIC 90-75 Page 2

c. failed to make a record of votes as required by 1-21, G.S.; and

d. failed to provide a copy of the aforementioned agreement to the City Clerk as indicated in the minutes for the regular meeting.

2. It is found that the complainants' notice of appeal to this Commission was postmarked on February 27, 1990, more than thirty days after the January 16, 1990 regular meeting.

3. It is found that the complainants' failed to comply with the statutory time frame for appealing to this Commission, as required by 1-21i(b), G.S.

4. It is therefore concluded that this Commission has no subject matter jurisdiction in this matter.

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 October 24, 1990.

Tina C. Frappier

Acting Clerk of the Commission

Docket #FIC 90-75 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:

FRANK AND ANGELA FARINA

c/o Bruce L. Levin, Esq.

Mihaly & Mihaly

925 White Plains Road

Trumbull, CT 06611

BRIDGEPORT COMMON COUNCIL

c/o John H. Barton, Esquire

Associate City Attorney

202 State Street

Bridgeport, CT 06604

Tina C. Frappier

Acting Clerk of the Commission