FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Berlin Board of Ethics,
Complainant
against Docket
#FIC 1997-181
Superintendent of Schools, Berlin Public
Schools;
and Board of Education, Town of Berlin
Respondents December
10, 1997
The
above-captioned matter was heard as a contested case on October 9, 1997 and was
scheduled for a continued hearing on November 10, 1997, at which times the
complainant and the respondents appeared in order to present testimony,
exhibits and argument on the complaint.
At
an informal conference prior to the November 10, 1997 hearing, the complainant
and the respondents reached the terms of an agreement in resolution of this
contested case, wherein the parties agreed as follows:
a) while the minutes of respondents’ April 28,
1997 meeting did not indicate that Richard Paskiewicz, Joseph P. Czerbinski,
Suzanne Weber, Kathryn Bryers and Ms. Chris Chinni, Esquire had attended an
executive session held on that date, this omission from the minutes was
inadvertant and was corrected by the respondents on September 8, 1997;
b) the complainant requested copies of certain
public records on May 15, 1997, and the respondents’ provided copies of such
records on July 2, 1997. The respondents acknowledge that they should have
attempted to provide the requested records more promptly.
The respondents agree
that henceforth they will comply with the letter and the spirit of all aspects
of the Freedom of Information Act, including the provisions relating to prompt
responses to requests for copies of public records. Based upon this agreement
and the respondents’ assurances that the agreement would be followed, the
complainant informed the Commission that it wished to withdraw its complaint in
this matter.
The
Commission warmly commends both the complainant and the respondents for working
successfully to negotiate a non-litigated settlement of their earlier
differences.
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 10,
1997.
_________________________
Doris V. Luetjen
Acting Clerk of the Commission
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:
Berlin Board of Ethics
c/o Stephen J. Anderson
136 West Main Street
P.O. Box 2950
New Britain, CT 06050
Superintendent of Schools, Berlin Public
Schools;
and Board of Education, Town of Berlin
c/o Richard A. Mills
Shipman and Goodwin
One American Row
Hartford, CT 06103
__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-171/FD/tcg/12101997