The above-captioned matter was scheduled to be heard as a contested case on December 17, 1998, at which time the complainant and the respondents appeared in order to present testimony and argument on the complaint.

        At an informal conference prior to the December 17, 1998 hearing, the complainant and the respondents reached the terms of an agreement in resolution of this contested case, wherein the parties agreed that:

        1) the respondent Finance Subcommittee violated the notice requirements of § 1-21, G.S., with reference to its October 3, 1998 meeting, by filing a notice at 2:23 p.m. on October 2, 1998 for a meeting held at 9 a.m. on October 3, 1998;

        2) the respondent Finance Subcommittee violated the requirements of § 1-21, G.S., by holding an unauthorized executive session at its October 3, 1998 meeting;

        3) the Freedom of Information Commission ("Commission") does not have jurisdiction over allegations in this matter prior to October 2, 1998 to the extent set forth by the provisions of § 1-21i(b)(1), G.S.;

        4) henceforth, if re-constituted by the New Milford Town Council and the Golf Course Committee, the respondent Finance Subcommittee will comply with the letter and the spirit of all aspects of the Freedom of Information Act ("FOIA"); and,

        5) this agreement of the parties will be posted on a public bulletin board in town hall for thirty days following receipt of the final decision.

        Based upon this agreement, the complainant informed the Commission that she wished to withdraw all allegations of her complaint against the respondent town.

        The Commission warmly commends both the complainant and the respondents for working successfully to negotiate a non-litigated settlement of their earlier FOIA differences.

        Based upon the above-stated agreement, 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 January 27, 1999.

_________________________

Melanie R. Balfour

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:

Cathy Itri

c/o Atty. Paulann H. Sheets

87 Neptune Drive

Groton, CT 06340-5421

New Milford Golf Course

Finance Subcommittee,

Town of New Milford;

and Town of New Milford

c/o Atty. Thomas W. Beecher

148 Deer Hill Avenue

PO Box 440

Danbury, CT 06813-0440

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC1998-324FD/mrb01291999