FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

            The above-captioned matter was consolidated for hearing with Docket # 2004-065 and Docket # 2004-118. The three cases were scheduled to be heard as contested cases on June 15, 2004, at which time the complainant and the respondent in the above captioned matter appeared to present testimony, exhibits and argument on the complaint. However, shortly after the hearing was opened, with the permission of the parties, an informal conference was held to discuss the issues presented by all three cases.

 

As a result of this conference, the parties in the above captioned matter have agreed as follows:

 

1) When the First Selectman has reason to anticipate that there will be an audience in excess of one hundred persons at a scheduled meeting of the respondent board, he will hold the meeting, when feasible, at an appropriate school; in order to facilitate the orderly conduct of meetings, it is anticipated that any decision to move the location of a meeting will normally be made during the period of time earlier than one hour before the commencement of a meeting, and if the location of a meeting is changed less than twenty-four hours prior to the meeting, the adjournment procedures of §1-228, G. S., will govern, except that the notice of adjournment posted at the original meeting location will be posted as soon as practicable after the location of the meeting is changed;

 

2) Given the number of people who did seek to attend the meeting of the respondent board held on February 17, 2004, it would have been preferable if that meeting had been located at a school.

 

Based upon these agreements, the complainant agreed to withdraw his complaint in this contested case.             The Commission warmly commends the complainant and the respondent for reaching a non-litigated settlement of this case.

 

            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 14, 2004.mm

 

 

___________________________________

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:

 

John R. Boyle

260 Lisbon Road

Canterbury, CT  06331

 

Board of Selectmen,

Town of Canterbury

c/o Paul Santoro, First Selectman

PO Box 26, One Municipal Drive

Canterbury, CT  06331

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

FIC/2004-094/FD/abg/07/15/2004