FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Luanne Pitcher,

 

Complainant

 

 

against

Docket #FIC 2000-112

Donna Tuck, First Selectman,
Town of Sherman,

 

 

Respondents

June 14, 2000

 

 

 

 

The above-captioned matter was scheduled to be heard as a contested case on April 19, 2000, at which time the complainant and the respondent appeared, and reached the following agreement, in resolution of this case:

 

TERMS OF AGREEMENT

 

1.  The respondent acknowledges that special meetings of the Sherman Board of Selectmen, held on February 8, 2000, February 11, 2000, and February 16, 2000, which consisted solely of executive sessions, were public meetings to which the notice and minutes requirements of 1-225 and 1-231, G.S., attach.

 

2.  Specifically, the respondent acknowledges that, pursuant to 1-225, G.S., a public agency may enter into executive session only after convening in public session and upon a two-thirds vote stating the reason for such executive session.  The respondent also acknowledges that, pursuant to 1-225 and 1-231, G.S., the minutes of such meeting must be available within seven days of such meeting and must consist of date, time, and place of meeting, members present, individuals present in executive session, excepting job applicants who attend such sessions for the purposes of being interviewed, a record of individual votes, and time of adjournment.   

 

 3.  The respondent acknowledges that the Sherman Board of Selectmen violated  1-225 and 1-231, G.S., with respect to its special meetings of February 11, 2000 and February 16, 2000.  

 

4.  The respondent acknowledges that the February 8, 2000, meeting of the Sherman Board of Selectmen was an unnoticed meeting in violation of 1-225, G.S.   

 

5.  The respondent has created minutes for the special meetings of February 11, 2000 and February 16, 2000, and shall forthwith create minutes of the February 8, 2000, meeting.  

 

6.  The respondent shall forthwith provide copies of all minutes at issue herein to the complainant, free of charge. 

 

7.  In consideration of the foregoing, the complainant agreed to withdraw her complaint. 

 

 

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

 

            1.  The complaint is hereby dismissed.

 

            2.  The Commission commends both parties for reaching a non-litigated settlement of this matter.

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of

June 14, 2000.

 

 

 

 

_________________________

Melanie R. Balfour

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:

 

 

Luanne Pitcher

35 Rt. 37 East

PO Box 413

Sherman, CT  06784

 

 

Donna Tuck, First Selectman, Town of Sherman

c/o Atty. David Burke

Cramer & Anderson

51 Main Street

New Milford, CT  06776

 

 

 

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

FIC2000-112FD/mrb/06/19/00