In the Matter of a Complaint by FINAL DECISION


Peter Smith, Mare Swoditch and the Naugatuck Daily News




against Docket #FIC 88‑211


Terry Buckmiller, Robert Burns, Sr. Raymond Adamaitis, Catherine Jerome, Ronald Pugliese, Samuel Russo, Robert Woodfield, Jeffrey Burmeister, Henry Kogut, Mary Tamosaitis and

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 complainants 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 May 17, 1988 and filed on June 8, 1988 with the Commission, the complainants alleged that the respondent violated 1‑21(a), G.S., when it conducted an executive session for purposes not permitted by 1‑18a(e) and 1‑21(a), G.S.


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


4. 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 parking lot, voted to go into executive session and immediately went inside to tour the plant.


6.     It is concluded that the respondent failed to prove that the executive session was convened to discuss strategy and negotiations with respect to pending litigation.


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).


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