FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

            The above-captioned matter was scheduled to be heard as a contested case on December 2, 2002, at which time the complainant and the respondents appeared in order to present testimony, exhibits and argument on the complaint. At an informal conference during the 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)  the complainant elected not to press his complaint, and the respondents maintain that they have not violated the Freedom of Information Act (“FOIA”);

 

                        b)  the respondents will furnish complainant with a copy of the Ground Water Contamination Study by Tighe & Bond at no cost to the complainant, and the respondents will, by December 20, 2002, to the best of their ability, reconstruct minutes of the July 18, 2002 meeting convened by the respondent Director of Health;

 

                        c)  the respondents agree that they will respect the letter and the spirit of the FOIA in the future, including especially notice provisions where two or more public agencies hold joint meetings. 

 

            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 January 22, 2003.

 

_______________________________________

Ann B. Gimmartino

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:

 

Wesley S. Lubee, Jr.,

15 Montrose Trail

Wallingford, CT  06492

 

Director of Health, Town of Wallingford;

and Public Utilities Commission, Town of Wallingford

c/o Janis M. Small, Esq.

Town Attorney

45 South Main Street

Wallingford, CT  06492

 

 

________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

FIC/2002-397/FD/mes/1/23/2003