FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Theodore Piwonski, |
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Complainants |
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against |
Docket #FIC 2000-596 |
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Inland
Wetlands Commission, |
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Respondents |
June 13, 2001 |
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The above-captioned matter was heard as a contested
case on December 11, 2000, 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 §1-200(1), G.S.
2. By letter dated October 30, 2000 and filed on November 1, 2000, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by convening in an executive session without obtaining a two-thirds vote of the members present at their regular meeting of October 4, 2000.
3. Section 1-225(f), G.S., provides in relevant part that “a public agency may hold an executive session . . . upon an affirmative vote of two thirds of the members of such body present and voting, taken at a public meeting and stating the reasons for such executive session . . . .”
4. It is found that the respondent held a regular meeting on October 4, 2000 and convened in executive session to discuss a memorandum from the respondent’s attorney.
5. It is found that the respondent did not vote to convene, nor did it state the purpose, of the executive session.
6. It is therefore concluded that the respondents violated the provisions of §1-225(f), G.S., by failing to vote to convene, and to state the purpose of, the executive session.
The following order
by the Commission is hereby recommended on the basis of the record concerning
the above-captioned complaint.
1. Henceforth the respondent shall strictly comply with the provisions of §1-225(f), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of June 13, 2001.
_________________________________________
Petrea A. Jones
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:
Theodore Piwonski
153 South Road
PO Box 371
East Hartland, CT 06027
Inland
Wetlands Commission,
Town
of Hartland
c/o
Sharon P. Churchill, Esq.
Cohn
Birnbaum & Shea
100
Pearl Street
Hartford,
CT 06103-4500
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2000-596/FD/paj/06/15/2001