FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Donald Sugalski,

 

                                Complainant

 

                against                   Docket #FIC 95-183

 

Administrative Assistant to Mayor of East Hartford, Mayor of East

Hartford and East Hartford Acting Building Official,

 

                                Respondents                        March 13, 1996

 

                The above-captioned matter was heard as a contested case on December 11, 1995, 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 May 29, 1995 and filed with the Commission on May 31, 1995 the complainant appealed alleging that the respondents failed to comply with the Commission's order in docket #FIC 94-185 Donald Sugalski v. Administrative Assistant to Mayor of East Hartford, Mayor of East Hartford and East Hartford Acting Building Official (hereinafter "FIC 95-185").  The complainant requested that civil penalties be imposed upon the respondents.

 

                3.  It is found that on January 19, 1995 the hearing officer in docket #FIC 95-185 issued the following recommended order:

 

                                1.  The respondents shall immediately provide the complainants with a copy of the records described in paragraphs 2a., 2b. and 2c. of the findings, above.

 

                                2.  If any of the records ordered disclosed in paragraph 1 of the order do not exist, the respondents shall immediately provide the complainant with a notarized affidavit attesting thereto. [Emphases added.]

 

Docket #FIC 95-183                                                  Page 2

 

                4.  It is found that the Commission adopted the recommended order as described in paragraph 3, above, on March 8, 1995.

 

                5.  It is found that upon the receipt of the recommended order, described in paragraph 3, above, the respondent Administrative Assistant to the Mayor reviewed records retained by the town of East Hartford and provided the complainant with an affidavit on or about January 30, 1995.

 

                6.  It is found that the affidavit, described in paragraph 5, above, states in relevant part:

 

                                3.  I currently serve as the Administartive Assistant to the Mayor of East Hartford, Robert M. DeCrescenzo;

 

                                4.  I served in the same capacity, as stated in paragraph three herein, during the period in question, May 1994 through June 1994.

 

                7.  The complainant contends that the affidavit violates the Commission's order in docket #FIC 94-185 because:

 

                                a.   the three respondents were ordered to provide an affidavit and only one did; and

 

                                b.  the affidavit indicates the period in question as May through June 1994 and not March through June 1994.

 

                8.  The respondents contend that the order required one affidavit and not three and that the one provided complies fully with the Commission's order.

 

                9.  It is found that in docket #FIC 94-185 the Commission ordered "a notarized affidavit."

 

                10.  It is found that the respondents provision of one affidavit and not three separate affidavits does not in itself violate the Commission's order in docket #FIC 94-185.

 

                11.  However, of greater significance is the content of the affidavit provided by the respondents.

 

                12.  It is found that the affidavit provided refers to "the period in question" as May 1994 through June 1994.

 

                13.  It is found that the period at issue in docket #FIC 94-185 was March 7, 1994 through June, 1994 and not May 1994 through June 1994.

 

                14.  At the hearing on this matter, the respondent

 

Docket #FIC 95-183                                                   Page 3

 

Administrative Assistant indicated that he could not recall why he included the dates May 1994 through June 1994.

 

                15.  It is concluded that the respondents violated the Commission's order in FIC 94-185 because the affidavit provided to the complainant does not address the period at issue, being March 7, 1994 through June 1994.

 

                16.  The Commission in its discretion declines to impose a civil penalty.

 

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

 

                1.  The respondents shall within one week of the receipt of the notice of the final decision in this matter, provide the complainant with a notarized affidavit which specifically addresss the period March 7, 1994 through June 1994.

 

                2.  The Commission takes this opportunity to remind the respondents that violations of the FOI Act may lead to the imposition of civil penalties of up to $1000.00 against the official directly responsible for such violations.

 

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 95-183                                             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:

Donald Sugalski

1736 Main Street

East Hartford, CT 06108

 

Administrative Assistant to Mayor of East Hartford, Mayor of East Hartford and East Hartford Acting Building Official

c/o Jose R. Ramirez, Esq.

740 Main Street

East Hartford, CT 06108

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission