FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Mario Montouro,

 

                                Complainant

 

                against                   Docket #FIC 94-212

 

Cheryl Reedy, New Fairfield First Selectman, and David Enos,

Alan Murray, Nick Panayoutou and New Fairfield Code of Ethics Committee

 

                                Respondents                        October 12, 1994

 

                The above-captioned matter was heard as a contested case on August 18, 1994, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.

 

                2.  By letter of complaint dated and filed with the Commission on June 30, 1994, the complainant alleged that the respondents had failed to comply with the Commission's June 22, 1994 order in contested case docket #FIC 94-36, Mario Montuoro v. New Fairfield First Selectman and New Fairfield Code of Ethics Committee ("docket #FIC 94-36"), requiring the respondents to provide the complainant with a copy of the New Fairfield Code of Ethics Committee's October 23, 1993 meeting transcript.

 

                3.  The complainant requests that the Commission issue civil penalties against the respondents.

 

                4.  The Commission takes administrative notice of its findings and decision in docket #FIC 94-36.

 

                5.  The Commission's final decision in docket #FIC 94-36 states:

 

                                11.  ...the respondents have in their possession a transcript of the October 23, 1993 special meeting, which transcript had previously been prepared by the secretary to the New Fairfield Board of Finance from the now missing tapes.

 

Docket #FIC 94-212                                                Page 2

 

                6.  It is found that subsequent to the Commission issuing its order in docket #FIC 94-36, the respondent First Selectman provided the complainant with a copy of the transcript prepared by Vivian Silvestri, the secretary to the New Fairfield Board of Finance, referred to in paragraph 5, above.

 

                7.  However, it is found that the transcript prepared by Silvestri and provided to the complainant does not pertain to the respondent New Fairfield Board of Ethics Committee's October 23, 1993 meeting.

 

                8.  It is found that the transcript prepared by Silvestri concerns the respondent New Fairfield Board of Ethics Committee's meetings of November 3 and 6, 1993, and not the meeting of October 23, 1993.

 

                9.  Based on the evidence and the entire record in this case, it is found that no transcript of the October 23, 1993 meeting exists.

 

                10.  Consequently, it is concluded that the respondents did not violate the Commission's order in docket #FIC 94-36, and therefore the request for civil penalties is denied.

 

                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.

 

                2.             Nothing herein shall be construed to condone the loss of the subject tapes and transcripts; and the Commission stresses that in the future, the respondents should do all in their power to see that public records are preserved.

 

Approved by Order of the Freedom of Information Commission at its special meeting of October 12, 1994.

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission

 

Docket #FIC 94-212                                              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:

MARIO MONTOURO

132 Ball Pond Road

New Fairfield, CT 06812

 

CHERYL REEDY, NEW FAIRFIELD FIRST SELECTMAN and DAVID ENOS, ALAN MURRAY, NICK PANAYOUTOU and NEW FAIRFIELD CODE OF ETHICS COMMITTEE

Route 39

P.O. Box 8896

New Fairfield, CT 06812

Route 39

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission