FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Michael B. Montanaro,
Complainant
against Docket #FIC 93-132
Mayor, Town of Shelton and Shelton Planning and Zoning Commission,
Respondent December 8, 1993
The above-captioned matter was heard as a contested case on August 20 and October 1, 1993, at which times the complainant 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 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 dated and filed May 7, 1993, the complainant appealed to the Commission and alleged that the respondents improperly held a meeting on April 8, 1993.
3. Specifically, the complainant maintains that prior to a work session meeting of the respondent commission on April 8, 1993, at which the respondent commission was scheduled to discuss the complainant's application for a change in site plan that was then pending before the respondent commission, the respondent mayor, the town planner and two members of the respondent commission met privately and discussed the complainant's application in the respondent mayor's office.
4. It is found that the respondent commission held a meeting on April 8, 1993 and conducted work sessions concerning four matters pending before it, including the complainant's application, described in paragraph 3, above.
5. The complainant maintains that when he arrived sometime prior to the time the respondent commission was scheduled to discuss his application, members of the respondent commission
Docket #FIC 93-132 Page 2
were not present at the meeting location and that he was told by someone present that the members of the respondent commission left to meet with the respondent mayor; and that sometime thereafter the town planner and two members of the respondent commission arrived to discuss the complainant's application.
6. It is found that the respondent mayor telephoned the town planner sometime during the morning of April 8, 1993 and asked the town planner if he had time to meet with him during the day.
7. It is further found that during a break in the scheduled work sessions described in paragraph 4, above, the town planner and one of the respondent commission members met with the respondent mayor in his office office for approximately ten minutes and discussed a separate complaint that was then pending before this Commission.
8. It is further found that the town planner and the member of the respondent commission did not discuss the complainant's application during the course of their gathering on April 8, 1993.
9. It is therefore concluded that the respondents did not conduct an improper meeting prior to or during a break in the respondent commission's work session meeting on April 8, 1993.
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 December 8, 1993.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93-132 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:
Mr. Michael B. Montanaro
5294 Park Avenue
Bridgeport, CT 06606
Mayor, Town of Shelton and
Shelton Planning and Zonning Commission
c/o John H. Welch, Jr., Esq.
375 Bridgeport Avenue
P.O. Drawer 662
Shelton, CT 06484
Elizabeth A. Leifert
Acting Clerk of the Commission