FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on November 14, 2006, at which time The Norwalk Inn and Conference Center petitioned to intervene as a party and was granted party status. The case caption above has been amended accordingly. The complainant and the respondent Zoning Board of Appeals also appeared at the hearing. Shortly after the hearing was opened, the respondent Zoning Board of Appeals filed a twelve page motion to dismiss, including a sworn statement, which was followed by exhibits A through E. The hearing officer reserved a decision on the motion.

 

The parties then presented extensive testimony, exhibits, including another sworn statement, and argument on the complaint. Following these presentations, all the parties agreed to hold an informal conference without the presence of the hearing officer.

 

As a result of this conference, all of the parties announced on the record to the hearing officer their desire to settle this contested case based upon a stipulation that the respondent Zoning Board of Appeals was in technical violation of the Freedom of Information Act (“FOIA”); that the violation constituted harmless error that did not infringe upon the complainant’s rights under the FOIA; that to ensure that no such errors occur in the future, the respondent Zoning Board of Appeals agreed that it will henceforth publish the notices and agendas for its special meetings as a single document, and file such documents in a timely fashion in the City Clerk’s office.  

 

The Commission commends both the complainant and the respondents for reaching a reasonable settlement of this case, with all parties manifesting considerable sophistication concerning the FOIA.

 

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 February 28, 2007.

 

________________________________

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:

 

Tod Bryant

c/o Philip N. Walker, Esq.

101 River Road

Collinsville, CT 06019

 

Zoning Board of Appeals,

City of Norwalk

c/o M. Jeffry Spahr, Esq.

Deputy Corporation Counsel

125 East Avenue

Norwalk, CT 06852

 

The Norwalk Inn and Conference Center

c/o Patricia C. Sullivan, Esq.

PO Box 1821

1115 Broad Street

Bridgeport, CT 06601-1821

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

 

FIC/2006-405FD/paj/3/6/2007