FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Albert Daigle,
Complainant
against Docket #FIC 93-39
Harold R. White, President, Marlborough Association for Senior Housing,
Respondent July 14, 1993
The above-captioned matter was heard as a contested case on May 3, 1993, 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 public agency within the meaning of 1-18a(a), G.S.
2. By letter of complaint dated February 15, 1993, and filed with the Commission on February 16, 1993, the complainant alleged that the respondent failed to fully comply with paragraph one of the order in the Commission's final decision in Docket #FIC 92-247, Albert Daigle v. Marlborough Association for Senior Housing, (hereinafter "FIC 92-247"). Specifically, the complainant alleged that the respondent failed to provide copies of MASH's unpaid invoices. The complainant requested the imposition of a civil penalty against the respondent.
3. The Commission takes administrative notice of the case files, records and decisions in its contested cases, FIC 92-247 and Docket #FIC 92-241, Albert Daigle v. Marlborough Association for Senior Housing, (hereinafter "FIC 91-241").
4. It is found that with the exception of MASH's "unpaid invoices" which are at issue in this case, there has been compliance with the Commission's orders in FIC 92-247 and FIC 91-241.
Docket #FIC 93-39 Page 2
5. At the administrative hearing the parties agreed that the complainant's records request for "unpaid invoices" would in fact be satisfied if the respondent provided the complainant with a copy of each of the actual invoices not paid within thirty (30) days of the invoice date, for the period August 1, 1991 through April 30, 1992, in the following five categories:
a. architect invoices;
b. well driller invoices;
c. attorney invoices;
d. surveyor invoices; and the
e. invoices from the company that did the test boring for
the respondent.
6. The respondent has agreed to provide the complainant with copies of the "unpaid invoices" as identified in paragraph 5 of the findings, above.
7. The Commission declines to impose a civil penalty against the respondent solely because it believes that in this instance there was an honest dispute about the scope and nature of the complainant's record request as it pertained to the "unpaid invoices".
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. If he has not already done so, the respondent shall, within seven (7) days of the date of mailing of the notice of final decision in this case, provide the complainant with copies of all "unpaid invoices" as agreed to at the adminsitrative hearing. Specifically, the respondent shall provide the complainant with copies of all invoices which were not paid by the respondent within thirty (30) days of the invoice date, for the period August 1, 1991 through April 30, 1992. The respondent shall bear the cost of copying and mailing the records to the complainant.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 14, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 93-39 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:
Albert Daigle
173 South Main Street
Marlborough, CT 06447
Harold R. White, President, Marlborough Association for Senior Housing
P.O. Box 256
Marlborough, CT 06447
Debra L. Rembowski
Acting Clerk of the Commission