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 86-219
Michael Dalton,
Elizabeth Dearborn, James Gleason, Thelma Komisar, Alton Palmer, Mary Menna,
Edward McGoe, Madeline Sobin and Ansonia Library Board of Directors,
Respondents December 10 , 1986
The above-captioned matter was heard
as a contested case on September 8, 1986, at which time the complainant
appeared and presented testimony, exhibits and argument but the respondents
failed to appear.
After consideration of the entire
record, the following facts are found:
1. The
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By
letter dated July 29, 1986 the complainant made a request of the respondents
for work schedules, time logs and pay charts of employees of the Ansonia
Library covering the period from March 1, 1986 to July 26, 1986.
3. By
letter of complaint filed with the Commission on August 8, 1986 the complainant
alleged that he had been given the time logs and pay charts but had not been
given the requested work schedules. The
complainant requested the imposition of a civil penalty pursuant to
1-21i(b), G.S. The complainant
further requested that "if public records have been destroyed, a suitable
penalty be applied."
4. At
hearing the complainant presented copies of work schedules previously obtained
from the respondents. Such schedules
identified the week covered by its ending date and, in a column under each day
of the week, listed time periods followed by two- or three-letter initials.
5. It
is found that the records in question are public records within the meaning of
1-18a(d), G.S., not exempt from
Docket #FIC
86-219 Page Two
disclosure
pursuant to 1-19(b), G.S. The
Commission considered the same issue and reached the same conclusion in FIC
78-195, Nicholas B. Wynnick v. Library Directors of the City and Town of
Ansonia.
6. The
respondents did not appear, nor did they submit any evidence or legal arguments
in support of their failure to provide the records requested.
7. It
is concluded that the respondents violated 1-15 and 1-19(a), G.S.,
when they failed to provide the complainant with the records requested.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1. The
respondents shall forthwith provide the complainant with copies of the work
schedules of Ansonia Library employees for the period from March 1, 1986 to
July 26, 1986.
2. Pursuant
to 1-21i(b), G.S., the respondents are hereby ordered to appear before the
designated Hearing Officer in the above matter, at a date and time to be
determined, for a hearing for the purpose of determining whether a civil
penalty should be assessed against them and, if so, in what amount.
Approved by order of the Freedom of
Information Commission at its regular meeting of December 10, 1986.
ÿ
Karen J.
Haggett
Clerk of the
Commission