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 April 8, 1987
In a Final Decision in the above
matter, issued December 17, 1986, the Commission ordered the respondents to
provide the complainant with copies of work schedules of Ansonia Library
employees covering the period from March 1, 1986 to July 26, 1986. The respondents were also ordered to appear
for a hearing for the purpose of determining whether a civil penalty should be
assessed against them pursuant to 1-21i(b), G.S., and, if so, in what
amount. Pursuant to such order a
hearing was held January 12, 1987, at which time the complainant and the
respondents appeared and offered testimony and argument on the issue of the
imposition of a civil penalty.
1. Paragraphs
1 through 7 of the Final Decision in the above-captioned matter, dated December
10, 1986, are hereby incorporated as if fully set forth herein.
2. It
is found that the type of record requested by the complainant and ordered
disclosed by the Commission has not been kept by the respondent since September
8, 1984, due to objections by library employees.
3. The
respondents claim that the complainant was given whatever records existed at
the respondents' offices and that they did not feel it necessary to tell him
they did not have the records requested.
The respondents offered no explanation for the failure to appear at the
first hearing on this matter other than to state that no one was able to
attend.
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requested records were no longer maintained and their subsequent failure to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
Docket #FIC
86-219 Page Two
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.
5. Because
the complainant was not denied access to existing public records, however, the
Commission does not deem it appropriate to impose a civil penalty against the
respondents.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1. The
respondents, within one week of the mailing of the Supplemental Final Decision
in this matter, shall cause copies of such Supplemental Final Decision and of
the Final Decision in this matter, issued December 17, 1986, to be posted in
the same manner as notices of special meetings are posted pursuant to
1-21(a), G.S. Such copies shall
remain posted for a period of two weeks.
2. The
respondents, within one week of their next regular meeting following issuance
of the Supplemental Final Decision in this matter, shall cause copies of this
Supplemental Final Decision and of the Final Decision issued December 17, 1986,
to be appended to and made a permanent part of the minutes of such meeting.
Approved by order of the Freedom of
Information Commission at its regular meeting of April 8, 1987.
ÿ
Catherine I.
Hostetter
Acting Clerk
of the Commission