FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Nicholas B.
Wynnick,
Complainant
against Docket #FIC 89-339
Ansonia Library
Board of Directors,
Respondent February 14, 1990
The above-captioned matter was heard
as a contested case on January 9, 1990, at which time the complainant and the
respondent appeared and presented testimony 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.
The Commission takes administrative notice of its record and final
decision In the Matter of a Complaint by Nicholas B. Wynnick against Ansonia
Library Board of Directors, Docket #FIC 89-70, notice of which final decision
was issued on August 4, 1989.
3.
In particular, the Commission takes administrative notice of paragraph 1
of its order in Docket #FIC 89-70, which provides:
1. The respondent shall
forwith provide the complainant with a copy of the requested record, or, within
two weeks of the issuance of the Final Decision in this matter, provide the
complainant with an affidavit stating that it has conducted a thorough search
of its records, including any records currently maintained at locations other
than the Ansonia Library, and that the record requested by the complainant does
not exist. [Emphasis added.]
4.
By letter of complaint dated September 7, 1989 and filed with the
Commission on September 8, 1989, the complainant appealed to the Commission,
alleging that the respondent failed to comply with paragraph 1 of the
Commission's order in Docket #FIC 89-70, as quoted in paragraph 3, above.
Docket #FIC
89-339 Page 2
5. It is found that the respondent did not provide the affidavit
ordered by paragraph 1 of the Commission's order in Docket #FIC 89-70 until
October 7, 1989, over nine weeks after the issuance of the notice of final decision
in Docket #FIC 89-70, and over four weeks after the complainant sought
compliance by filing the appeal in the instant matter.
6.
The respondent maintains that the complainant never contacted the
respondent to request that the respondent comply with the Commission's order in
Docket #FIC 89-70.
7.
It is found, however, that the complainant is under no obligation to
remind the respondent of its obligation to comply with the express order of the
Commission.
8.
It is concluded, therefore, that the respondent violated
1-21i(b) and 1-21k(b), G.S., by failing to comply with the
Commission's order in Docket #FIC 89-70.
9.
It is further concluded that the respondent's asserted excuse for its
noncompliance is frivolous, and that its noncompliance was without reasonable
grounds.
10.
The Commission also takes administrative notice of its record and final
decision In the Matter of a Complaint by Nicholas B. Wynnick against Ansonia
Library Board of Directors, Docket #FIC 85-224.
11.
The Commission also takes administrative notice of its record and final
decision In the Matter of a Complaint by Nicholas B. Wynnick against Ansonia
Library Board of Directors, Docket #FIC 86-322, in which matter the members of
the respondent board were assessed a civil penalty for failure to comply with
the Commission's order in Docket #FIC 85-224.
12.
The Commission also takes administrative notice of its record and final
decision In the Matter of a Complaint by Nicholas B. Wynnick against Ansonia
Library Board of Directors, Docket #FIC 86-219.
13.
In particular, the Commission takes administrative notice of paragraph 4
of the final decision in Docket #FIC 86-219, which states:
4. It is found that the
failure of the respondents to inform the complainant that the requested records
were no longer maintained and their subsequent failure to appear for a
scheduled hearing evidence a regrettable arrogance and willingness to waste the
resources and time of the complainant and the Commission as well as of the
taxpayers of this state and of the Town of Ansonia.
Docket #FIC
86-339 Page 3
14.
It is found that the respondent continues to display a distressing lack
of respect for and compliance with the orders of the Commission, and that such
behavior continues to waste the time and resources of the complainant, the
Commission, and the taxpayers of Ansonia and the state.
15.
The Commission notes that its patience has been severely tested by the
respondent's unexcused failure to comply with the Commission's order. Such failure to comply exposed the
respondent to potential civil penalties of up to $1,000.00 pursuant to
1-21i(b), G.S., as well as potential criminal prosecution pursuant to
1-21k(b).
16.
The Commission notes that some animosity may exist between the
complainant and the respondent and its employees, and that such animosity is
likely attributable to the behavior of all parties concerned. The Commission strongly advises the
respondent, however, to deal with the complainant in a manner that does not
flout the orders of the Commission.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The respondent shall cause a copy
of the Final Decision in this matter to be prominently posted for 60 days,
commencing seven days after issuance of the Notice of Final Decision in this
matter, in public areas of the Ansonia Library and the Ansonia Town Hall.
2.
The respondent shall include the Final Decision in this matter in the
agenda of its next regular meeting after issuance of the Notice of Final
Decision in this matter, and shall cause a copy of this Final Decision to be
attached to the minutes of that meeting.
3.
The respondent shall distribute copies of the Final Decision in this
matter to each of its members and to each person employed by the Ansonia
Library, within 7 days following issuance of the Notice of Final Decision in
this matter.
Approved by
order of the Freedom of Information Commission at its regular meeting of
February 14, 1990.
Tina C.
Frappier
Acting Clerk
of the Commission
Docket #FIC
86-339 Page 4
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:
NICHOLAS B.
WYNNICK
55 Prospect
Street
Ansonia, CT
06401
ANSONIA LIBRARY
BOARD OF DIRECTORS
c/o James E.
Sheehy, Esquire
253 Main Street
Ansonia, CT
06401
Tina C.
Frappier
Acting Clerk of the Commission