DERBY — An “informal discussion” held by members of the city’s planning and zoning commission in 2024 was, in fact, against the law, according to a decision from the state Freedom of Information Commission.
On March 19, 2024, the members of the Derby Planning and Zoning Commission held a routine monthly meeting in Derby City Hall.
However, the agenda for the meeting included an item described as “informal discussion with Attorney Dominick Thomas on various subjects.”
During the meeting, Derby Town/City Clerk Marc Garofalo told the commission the agenda violated the spirit of the state’s Freedom of Information Act.
Linda Fusco, Mayor Joseph DiMartino’s chief of staff, also said at the meeting that the inclusion of the informal discussion was not transparent.
Ted Estwan, the chairman of the commission at the time, said the commission had been having “informal discussions” about matters for years, and that the public had the chance to formally weigh in once applications were submitted.
Thomas and the members of the planning and zoning commission discussed three potential developments, including options to develop “Telescope Mountain,” a long controversial plan off Summit Street in west Derby.
Click here for previous Valley Indy coverage of the meeting.
Resident Sharlene McEvoy filed a complaint with the state FOI Commission, and testified at a FOI hearing Aug. 14, 2024.
At that hearing, McEvoy testified the discussion at the March 2024 meeting lasted for an hour, complete with a question and answer session between the attorney and members of the board.
McEvoy said the agenda item gave the public no advance notice of the three “major” development projects the commission would be discussing.
She said the developer, through a lawyer, was able to talk to the commission but the public was not.
“The developer’s attorney had the opportunity to present this material on behalf of his clients without the opportunity for a public rejoinder as to their objections to those projects,” she said.
She also pointed out the Telescope Mountain development proposal had the potential to damage her property and her neighbors’ properties — yet the neighbors weren’t told it was to be discussed.
McEvoy was right.
The state FOI Commission ruled that Estwan, the city, and the commission violated state law regarding meeting agendas. Derby was ordered by the commission to strictly comply with the law going forward.
The commission pointed out that nothing in state law or FOI-related court cases backed Estwan’s assertion that the public’s right to know was tied to whether an application had been formally submitted.
The city’s planning and zoning commission had held “informal discussion” many times prior. Those discussions included the construction of Derby Middle School in 2008, a redevelopment proposal for 101 Elizabeth St. in 2015, and a discussion on the Derby Plan of Conservation and Development in 2015.
In May 2025, Brian Lema, an attorney for the Derby Planning and Zoning Commission, advised the members against holding “informal discussions.” Click here for a previous Valley Indy story.
The FOI Commission’s decision was included in the April 2026 meeting packet of the Derby Planning and Zoning Commission. Minutes indicate it was noted but not discussed.
The ‘Telescope Mountain’ proposal mentioned by McEvoy has returned, with a public hearing scheduled for 7 p.m. Aug. 18. A Valley Indy story on the application will be published prior to the hearing.
Editor’s note: The FOI complaint and decision covered in this article is from 2024. The Valley Indy was not aware of the complaint and the decision until July 22, 2026. The purpose of this article was to inform the public and provide an easily accessible summary of decision.