FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

John F. Ward and the Register Citizen,

 

                                Complainants

 

                against                   Docket #FIC 94-397

 

Litchfield Borough Historic District Commission and Litchfield

Borough Board of Warden and Burgesses,

 

                                Respondents                        July 12, 1995

 

                The above-captioned matter was heard as a contested case on June 13, 1995, at which time the complainants and the respondents appeared 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 filed with this Commission on November 4, 1994, the complainants alleged that the respondents violated the provisions of the Freedom of Information ("FOI") Act by entering executive sessions during respective agency meetings to discuss "pending litigation" over the complainants' objections that the topic, a letter from the Connecticut Civil Liberties Union, ("CCLU") in fact does not constitute pending litigation.  The complainants also allege that the respondent Historic District Commission improperly voted while in its executive session.

 

                3.  It is found that on November 3, 1994, the respondents conducted separate agency meetings during which each entered executive session to consider a letter from the CCLU.

 

                4.  It is found that the CCLU's two page letter from its attorney was written on behalf of a complaining resident who was refused permission by the town of Litchfield to display a particular "for sale" sign for his property.

 

                5.  It is also found that the letter cites approximately ten state and federal court cases in support of its position

 

Docket #FIC 94-397                                             Page 2

 

that the town has exceeded its legal authority in prohibiting the resident from displaying a certain sign.

 

                6.  It is found that the letter sets forth a demand that the respondents reconsider its prohibition based on cited legal authority.  It furthermore threatens that if the respondents are unsuccessful in litigation on first amendment constitutional grounds, they would be responsible for the plaintiff's attorneys fees and that town officials may be held personally liable for such fees as well as for plaintiff's damages and possible punitive damages. 

 

                7.  It is concluded that under the facts of this case, the respondents have established that their executive sessions of November 3, 1994 constituted strategy with respect to a pending claim or litigation within the meaning of 1-18a(e)(2) and 1-18a(g) and (h), G.S.

 

                8.  It is also concluded that although litigation in the above-referenced matter was ultimately avoided, this fact alone does not retroactively invalidate the respondents' rights to enter their legitimate executive sessions under the facts of this case.

 

                9.  With respect to the complainants' allegation that the respondent Historic District Commission took an improper vote on November 3, 1994, it is concluded that no violation of the FOI Act occurred within the meaning of 1-18a(e)(2), G.S., as this provision does not limit the agency to discussion.

 

                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 July 12, 1995.

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission

 

Docket #FIC 94-397                                             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:

JOHN F. WARD AND THE REGISTER CITIZEN

190 Water Street

P.O. Box 58

Torrington, CT 06790

 

LITCHFIELD BOROUGH HISTORIC DISTRICT COMMISSION AND LITCHFIELD BOROUGH BOARD OF WARDEN AND BURGESSES

c/o H. James Stedronsky, Esq.

Levy & Droney, P.C.

P.O. Box 887

Farmington, CT 06034-0887

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission