In the Matter of a Complaint by FINAL DECISION


Regina M. Sternloff,




against Docket #FIC 88-193


Glastonbury Town Council,


Respondent August 24, 1988


The above-captioned matter was heard as a contested case on July 14, 1988, 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:


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


2. By letter dated May 25, 1988, and filed with the Commission on May 27, 1988, the complainant alleged the respondent convened in executive session for an impermissible purpose during its meeting of April 27, 1988.


3. It is found that item 3.(a) of the agenda for the respondent's April 27, 1988, meeting states: "Wage and Salary Administration. (Executive Session)."


4. It is found that the respondent convened in executive session during the meeting to review the performance of the town manager and discuss whether it merited his continued employment and a salary increase.


5. It is concluded that the executive session was convened for a purpose permitted under 1-18a(e)(1), G.S.


6. At the hearing, the respondent admitted that item 3.(a) of the agenda contained ambiguous language.


7. It is found that the agenda was vague and misleading and did not state the topic to be addressed in a manner that communicated to the public what it actually was.


Docket #FIC 88-193 Page Two


8. It is concluded, therefore, that the respondent violated 1-21(a), G.S.


The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:


1. The respondent henceforth shall act in strict compliance with 1-21(a), G.S., and provide agenda that clearly communicate to the public all topics the respondent intends to address at each of its meetings.


2. The respondent shall provide a copy of this decision to each of its members at its first meeting following receipt of the notice of final decision in this matter.


Approved by order of the Freedom of Information Commission at its special meeting of August 24, 1988.


Catherine H. Lynch

Acting Clerk of the Commission