FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Joseph Reilly,

 

Complainant

 

against Docket #FIC 91-134

 

Stamford Board of Ethics,

 

Respondent September 25, 1991

 

The above-captioned matter was heard as a contested case on July 15, 1991, 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 and conclusions of law are reached:

 

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

 

2. By letter of complaint filed May 19, 1991, the complainant alleged that on May 23, 1991 the respondent held an illegal executive session in violation of the Freedom of Information Act.

 

3. The parties stipulated that on the evening of May 23, 199l, the respondent held a meeting that was adjourned at 10:35. Prior to the meeting Attorneys Maxwell and Rappaport attended a meeting concerning a potential conflict of interest. At that first meeting there was an agreement that Maxwell would advise the respondent with respect to the conflict of interest.

 

4. The parties stipulated that Maxwell did so advise the respondent after the conclusion of the respondent's meeting on October 23, 1990.

 

5. The respondent agreed that to the extent the discussion in executive session should have been preceded by a vote,there was a violation of the Freedom of Information Act.

 

6. It is found that the discussion in executive session should have been preceeded by a vote.

 

Docket #FIC 91-134 Page 2

 

7. It is concluded that the respondent violated 1-21, G.S., when it failed to make a motion to go into executive session to discuss the conflict of interest problem with Attorneys Maxwell and Rappaport.

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

 

1. The respondent shall henceforth comply with 1-21, G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 25, 1991.

 

 

Karen J. Haggett

Clerk of the Commission

 

Docket #FIC 91-134 Page 2

 

 

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:

ROSS S. RAPAPORT, ESQ.

Rapaport & Benedict, P.C.

750 Summer St.

Stamford, CT 06901

 

MICHAEL P.A. WILLIAMS, ESQ.

Marsh, Day & Calhoun

955 Main St.

Bridgeport, CT 06604

 

 

Karen J. Haggett

Clerk of the Commission