In the Matter of a Complaint by FINAL DECISION


Raymond R. Baginski, Sr. and Southington Taxpayers Association





against Docket #FIC 86-126


Southington Town Council,



Respondent July 1, 1986


The above captioned matter was heard as a contested case on May 27, 1986, at which time the complainants 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:


1. The respondent is a public agency within the meaning of 1-18a(a), G.S.


2. By letter of complaint filed with the Commission on May 8, 1986 the complainant alleged that the respondent convened in executive session at its April 14, 1986 meeting to discuss the Mulberry construction project.


3. At the hearing before the Commission, the complainant Baginski stated that after the executive session was held on the date in question, the town manager for the town of Southington went before the Zoning Board of Appeals to seek a variance in relation to the Mulberry construction project and that such an action was not approved by the respondent in executive session.


4. It is found that on April 14, 1986 the respondent properly convened in executive session to discuss negotiations on land purchases and right-of-ways on Mulberry Street in connection with the Mulberry construction project.


Docket #FIC 86-126 Page 2


5. It is further found that none of the allegations set forth in paragraphs 2 or 3, above, violate any provisions of the Freedom of Information Act.


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 1, 1986.


Karen J. Haggett

Clerk of the Commission