In the Matter of a Complaint by FINAL DECISION


Sandra K. Decker




against Docket #FIC 88‑208


Board of Mayor and Burgesses of the Borough of Naugatuck


Respondents September 28, 1988


The above‑captioned matter was heard as a contested case on July 26, 1988, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.


After consideration of the entire record, the following facts were found:


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


2. By letter of complaint dated June 1, 1988 and filed with the Commission on June 3, 1988, the complainants alleged that the respondent violated 1‑21(a), G.S., when it held an executive session on private property.


3. The respondent claim that the members of the Board permissibly convened an executive session to discuss strategy and negotiations on pending litigation.


4. At the hearing the respondent moved to dismiss the complaint on the grounds that there is no statutory requirement limiting where an executive session can be held.


5. The hearing officer denied the the respondent's motion to dismiss.


6. It is found that on May 4, 1988, the Board of Mayor and Burgesses held a special meeting with General Datacom officials on Datacom's private property.


7. It is concluded that the respondent failed to comply with the open meetings requirement of 1‑21(a), G.S., when it held the special meeting of May 4, 1988 because a meeting held on private property is not accessible to the public.


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


1. Henceforth, the respondents shall act in strict compliance with the requirements of 1‑21(a), G.S.


2. On Thursday, October 13, 1988 at 2 p.m., each of the named respondents shall appear in Hartford, at the Freedom of Information Commission, 97 Elm Street (Rear), to attend an educational workshop on the Freedom of Information Act which will be conducted by a staff attorney.


Approved by order of the Freedom of Information Commission at its special meeting of September 28, 1988.



Catherine H. Lynch

Acting Clerk of the Commission