FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Joseph S. Iaco and Seymour Republican Town Committee,

 

                                Complainants

 

                against                   Docket #FIC 95-91

 

Seymour Board of Selectmen,

 

                                Respondent                          March 13, 1996

 

                The above-captioned matter was heard as a contested case on October 18, 1995, at which time the respondent appeared but the complainants failed to appear.  The respondent requested the imposition of civil penalties against the complainants for the filing of a frivolous appeal, which request was denied at that time because the complainants were not provided with notice of such request, as required by 1-21i(b)(2), G.S.

 

                On October 31, 1995, the undersigned hearing officer submitted a report which was to be considered by the full Commission at its December 13, 1995 meeting, but instead was withdrawn at that meeting.

 

                This matter was again heard on January 10, 1996, limited to the issue of whether a civil penalty against the complainants ought to be imposed pursuant to 1-21i(b)(2), G.S., at which time the respondent again appeared and presented evidence and argument in support of its request for a civil penalty, but the complainants failed to appear.

 

                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 and filed March 31, 1995, the complainants appealed to this Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by filing the minutes of its meetings late for four out of the six meetings held by the respondent since January 1, 1995.

 

                3.  It is found that the complainants failed to prove that the respondent violated the FOI Act as alleged in their complaint.

 

#FIC 95-91                                             Page 2

 

                4.  It is further found, in light of the complainants failure to appear at three separate Commission proceedings, that their appeal was taken frivolously, without reasonable grounds, and solely for the purpose of harassing the respondent within the meaning of 1-21i(b)(2), G.S.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.  The complaint is dismissed with prejudice.

 

                2.  The complainant Joseph Iaco shall remit a civil penalty in the amount of $100 and the Seymour Republican Town Committee shall remit a civil penalty in the amount of $150, such penalties to be remitted to the Commission within thirty days of the mailing of the notice of the final decision in this matter.

 

                3.  The Commission admonishes the complainants for their failure to advise the Commission of their intent not to attend the scheduled hearings on this matter, which resulted in an unnecessary expenditure of state and municipal resources.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 13, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-91                                               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:

 

Joseph S. Iaco and Seymour Republican Town Committee

P.O. Box 380

Seymour, CT 06483

 

Seymour Board of Selectmen

c/o Colleen Fries, Esq.

Town Counsel

Bai, Pollock & Dunnigan, P.C.

P.O. Box 1978

Bridgeport, CT 06604

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission