FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Enfield Fourth of July Town Celebration
Committee, Inc.,
Complainant
against Docket #FIC 90-275
Joseph T. Olesky,
Respondent November 28, 1990
The
above-captioned matter was heard as a contested case on November 2, 1990, at
which time the complainant and the respondent appeared, stipulated to certain
facts and presented testimony, exhibits 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 private citizen, and not
a public agency within the meaning of 1-18a(a), G.S.
2. It is concluded, therefore, that the
Commission lacks jurisdiction over the respondent with respect to contested
case docket #FIC 90-275, which case was improvidently docketed by the
Commission.
3. It is also found that the respondent
("Olesky") had filed a prior complaint with the Commission against
the complainant ("Committee") in contested case docket #FIC 90-121.
4. It is found that the Committee had filed a
motion to impose a civil penalty against Olesky for filing a frivilous appeal
in contested case docket #FIC 90-121.
5. The Committee claims that Olesky was told
the records he sought did not exist, that Olesky persisted in requesting such
records, and that the Committee is not a public agency although the Commission
has never issued such a ruling.
6. Olesky claims that he sought the records
pursuant to case docket #FIC 90-121 in good faith and that he believed the
Committee to be a public agency because it utilized the services of public
employees.
Docket #FIC 90-275 Page 2
7. It is found that pursuant to the ombudsman
program of the Commission, Olesky withdrew his complaint in docket #FIC 90-121
on July 9, 1990, prior to the scheduled hearing into the matter.
8. It is therefore concluded that under the
facts of this case, there exists no pending complaint pursuant to which the
Commission can impose a counter-claim of civil penalties against Olesky.
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 for lack
of jurisdiction.
Approved by order of the Freedom of Information
Commission at its regular meeting of November 28, 1990.
Tina
C. Frappier
Acting
Clerk of the Commission
Docket #FIC 90-275 Page 3
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:
ENFIELD FOURTH OF JULY TOWN CELEBRATION
COMMITTEE, INC.
c/o William F. McDonald, Esq.
Law Offices of John H. Parks
36 South Road
P.O. Box 478
Somers, CT 06071
JOSEPH T. OLESKY
2 Thomas Street
Enfield, CT 06082
Tina
C. Frappier
Acting
Clerk of the Commission