FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Nick Fortunato,
Complainants
against Docket #FIC 1997-427
Chairman, District 12 Delegation,
Greenwich Representative Town Meeting
and District 12 Delegation, Greenwich
Representative Town Meeting,
Respondents August 12, 1998
	The above-captioned matter was heard as a contested case on April 3, 1998 at 
which time the complainant and the respondents appeared, stipulated to certain facts and 
presented testimony, exhibits and argument on the complaint.  The case caption was 
modified to identify the respondents as being from the town of Greenwich.  At the 
hearing, Paula Corrado, a member of the respondent district 12 delegation requested and 
was granted individual party status.  Ms. Corrado provided testimony and argument in 
support of the complainant’s position.
	
	After consideration of the entire record, the following facts are found and 
conclusions of law are reached:
	1.  It is found that the Town of Greenwich is governed by a legislative body 
comprising 230 citizens, called the Representative Town Meeting (“RTM”).  The RTM 
membership is elected from 12 voting districts (“districts”) within the town.
	2.  It is found that the respondents are the members of the district 12 delegation to 
the RTM.
	3.  It is found that on December 4, 1997, the respondents held an organizational 
meeting during which they voted for officers and standing committee members.
	4.  By letter of complaint dated and filed with the Commission on December 23, 
1997, the complainant alleged that the respondents violated the Freedom of Information 
(“FOI”) Act by failing to have available a record of how each of its members voted at the 
December 4, 1997 organizational meeting in selecting members to four standing 
committees.
	5.  It is found that the respondents selected members to serve on the standing 
committees by completing written, unsigned ballots.
	6.  Section 1-18a(1), G.S., provides, in relevant part:
"Public agency" or "agency" means any … legislative 
office of … any political subdivision of the state and any … 
town agency, any department, institution, bureau, board, 
commission, authority or official of … any city, town, 
borough, municipal corporation, school district, regional 
district or other district or other political subdivision of the 
state, including any committee of, or created by, any such 
office….
	7.  It is found that at the time of the December 4, 1997 meeting the respondents 
were members-elect to the RTM, who had not yet taken office.  Consequently, they were 
not public agencies within the meaning of 1-18a(1), G.S. at the time of the December 4, 
1997 meeting, and therefore, not subject to the provisions of the FOI Act.
	8.  It is therefore, concluded that the respondents did not violate the record of 
votes provision of 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 complaint is hereby dismissed.
	2.  The Commission strongly suggests that in order to avoid future disputes, the 
district delegations of the RTM revise their procedures so that the selection of officers 
and committee members occurs after members have been sworn into office.


	Approved by Order of the Freedom of Information Commission at its regular 
meeting of August 12, 1998.


_________________________
Doris V. Luetjen
Acting Clerk of the Commission
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:
Nick Fortunato
116 Hillcrest Park Road
Cos Cob, CT 06807
Chairman, District 12 Delegation, Greenwich Representative Town Meeting
c/o Atty. Tracy A. Marlow
3 West End Avenue
Old Greenwich, CT 06870-1640
District 12 Delegation, Greenwich Representative Town Meeting
c/o Eugene F. McLaughlin, Jr.
Town of Greenwich - Law Department
101 Field Point Road 
P.O. Box 2540
Greenwich, CT 06836-2540
Paula K. Corrado
31 Old King’s Highway
Old Greenwich, CT 06870
Richard S. Brimberg
15 Mary Lane
Riverside, CT 06878

__________________________
Doris V. Luetjen
Acting Clerk of the Commission




FIC1997-427/FD/tcg/08181998