FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Arthur L. DeSorbo,

Complainant

against Docket #FIC 92-6

East Haven Town Council,

Respondent October 14, 1992

The above-captioned matter was heard as a contested case on July 14, 1992, at which time the complainant and the respondent, 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

2. By letter of complaint filed with the Commission on January 7, 1992, the complainant alleged that at its December 19, 1991 special meeting, the respondent council convened a caucus that was attended by majority party members of the respondent council, and town attorney, Michael Albis, who is not a council member.

3. It is found that the caucus was convened by the democrats who comprise the majority party of the respondent council.

4. It is found that the town attorney is a democrat.

5. It is found that in accordance with the town charter, the town attorney is an ex officio member of the respondent council.

6. It is found that the town attorney entered the room where the caucus was being held to briefly speak to a council member.

7. It is found that the town attorney did not participate in the caucus, and in fact exited the room immediately after realizing that only democratic council members were present.

Docket #FIC 92-6 Page 2

8. It is therefore concluded that the December gathering did constitute a "caucus" as defined by 1-18a(b), 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 October 14, 1992.

Debra L. Rembowski

Acting Clerk of the Commission

Docket #FIC 92-6 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:

Arthur L. DeSorbo

494 Silver Sands Road

East Haven, CT 06512

East Haven Town Council

c/o Attorney Alfred J. Cronk

P.O. Box 147

East Haven, CT 06512

Debra L. Rembowski

Acting Clerk of the Commission