FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Mimi Hall and
Norwich Bulletin,
Complainants,
against Docket #FIC 89-11 (c.p.)
Norwich City
Council's Administration, Planning and Economic Development Committee and
Robert Booth, Louis Heller, Linda Becker and Roderick Arpin,
Respondents January 10, 1990
The above-captioned
matter was heard as a contested case on February 16, 1989, at which time the
complainant and the respondent appeared, stipulated to certain facts and
presented testimony, exhibits and argument on the complaint. The Commission approved its Final Decision
in the matter on September 27, 1989, ordering the respondent committee members
to show cause why a civil penalty should not be imposed upon them.
The issue of whether a civil penalty
should be imposed was heard as a contested case on November 30, 1989, at which
time the complainant and the respondents appeared and presented testimony and
argument.
After consideration of the entire
record, the following facts are found and conclusions of law are reached:
1.
Paragraphs 1 through 15 of the findings of fact and conclusions of law
in the Commission's Final Decision in the above-captioned matter approved
September 27, 1989, are hereby incorporated by reference.
2.
The Commission hereby takes administrative notice of the Final Decisions
in its Docket ##'s FIC 88-230, 88-239, 88-246 and 88-268, approved on October
26, 1989.
3.
It is found that by the time of the meetings underlying the complaint in
this matter the respondents Booth, Heller and Becker had many opportunities to
become aware of and familiar with the Freedom of Information Act's
requirements.
4.
Based upon the entire record in this matter, it is found that there were
no reasonable grounds for the violations of the Freedom of Information Act
described in the Final Decision in this matter approved on September 27, 1989.
Docket #FIC
89-11 (c.p.) Page
Two
The following order of the
Commission is hereby recommended on the basis of the complete record in the
above-captioned complaint:
1.
The Commission hereby imposes a civil penalty upon the respondents
Booth, Heller and Becker in the amount of $1,000, for which they shall be
jointly and severally liable.
Approved by
order of the Freedom of Information Commission at its regular meeting of
January 10, 1990.
Tina C.
Frappier
Acting Clerk
of the Commission
Docket #FIC
89-11 (c.p.) Page
Three
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:
MIMI HALL AND
NORWICH BULLETIN
66 Franklin
Street
Norwich, CT
06360
NORWICH CITY
COUNCIL'S ADMINISTRATION, PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AND
ROBERT BOOTH, LOUIS HELLER, LINDA BECKER AND RODERICK ARPIN
c/o Marc
Mandell, Esquire
71 East Town
Street
Norwich, CT
06310
and
Ralph Bergman,
Esquire
Assistant
Corporation Counsel
60 Shetucket
Street
Norwich, CT
06360
Tina C.
Frappier
Acting Clerk
of the Commission