FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by Final
Decision
Eunice Giovanni,
Complainant
against Docket #FIC 93-148
John Ambrogio,
Chief of Police, Hamden Police Department,
Respondent September 22, 1993
The above-captioned matter was
heard as a contested case on July 27, 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 dated May 24, 1993 and filed May 26, 1993, the
complainant appealed to the Commission and alleged that the respondent failed
to comply with the Commission's final decision in its docket #FIC 92-309. In addition, the complainant requested that
the Commission impose a civil penalty upon the respondent.
3. The Commission takes administrative notice of the record and
final decision in contested case docket #FIC 92-309, involving the same parties
as those in this case.
4. It is found that in docket
#FIC 92-309, the Commission ordered the respondent to forthwith:
a. post a copy of the final decision in a conspicuous location in
the public reception area of the Hamden Police Department (hereinafter
"HPD") for a period of forty-five days; and
b. forward a copy of the final decision to the Hamden town clerk
with instruction for the clerk to post the decision in a conspicuous location
in the town hall, for a period of forty-five days.
Docket #FIC
93-148 Page
2
5. The complainant maintains that the respondent's posting of the
final decision in docket #FIC 92-309 was neither forthwith nor conspicuous; and
therefore, that the respondent failed to comply with the Commission's order.
6. It is found that the respondent received the Commission's final
decision on May 17, 1993.
7. It is further found that sometime after receipt of the
Commission's final decision, the respondent directed his secretary to post the
Commission's final decision in the public reception area of the HPD and that on
or about May 19, 1993, he mailed a copy of the final decision to the Hamden
town clerk, directing the clerk to likewise post the final decision.
8. It is further found that attached to both copies of the final
decision, as referred to in paragraph 7, above, the respondent also attached a
copy of his letter written to the Commission upon his receipt of the Commission's
proposed decision in docket #FIC 92-309, which letter set forth his position
concerning that case.
9. It is further found that the respondent's letter described in
paragraph 8, above, was stapled on top of the Commission's final decision in
docket #FIC 92-309, and that the Commission's final decision was therefore not
in plain view in the public reception area of the HPD.
10. It is found that the respondent's letter and the Commission's
final decision were posted in the public reception area of the HPD sometime
after May 20, 1993 and prior to May 24, 1993; and remained posted as of the
date of the hearing on this matter.
11. It is found that the respondent's timing with regard to the
posting of the Commission's final decision in docket #FIC 92-309 was not in
violation of the Commission's order therein.
12. However, it is further found that the location under the
respondent's letter, as described in paragraph 9, above, does not constitute a
"conspicuous location" as required by the order of the Commission in
docket #FIC 92-309.
13. It is therefore concluded that by failing to post the
Commission's final decision in docket #92-309 in a conspicuous manner, the
respondent violated the provisions of the Commission's order in docket #FIC
92-309, and 1-21i(b) and 1-21k, G.S., without reasonable grounds, so
as to justify the imposition of appropriate relief.
Docket #FIC
93-148 Page
3
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The respondent shall, within thirty days of
the mailing of the notice of final decision in this matter, remit the sum of
twenty-five dollars to the Commission.
2. If the respondent does not comply with the provisions of this
order within the timeframe set forth in paragraph 1 of this order, the
Commission shall seek the imposition of the full sanctions of the criminal law,
as provided by state statute.
Approved by
Order of the Freedom of Information Commission at its regular meeting of
September 22, 1993.
Debra
L. Rembowski
Acting
Clerk of the Commission
Docket #FIC
93-148 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:
Ms. Eunice
Giovanni
280 Hillfield
Road
Hamden, CT 06518
John Ambrogio,
Chief of Police, Hamden Police Department
c/o Richard E.
Gitlen, Esq.
Assistant Town
Attorney
Memorial Town
Hall
2900 Dixwell
Avenue
Hamden, CT 06518
Debra
L. Rembowski
Acting
Clerk of the Commission