FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
C. J. Mozzochi,
Complainant
against Docket
#FIC 88-79
Richard S. Borden, Glastonbury Town Manager,
Respondent June
22, 1988
The above-captioned
matter was heard as a contested case on April 21, 1988, at which time the
complainant and the respondent 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:
1. The respondent is a public agency within the
meaning of §1-18a(a), G.S.
2. By letters dated February 20, 1988, February
21, 1988, February 23, 1988 and February 24, 1988 the complainant made a
voluminous request of the respondent to inspect the files of past and present
town attorneys.
3. By letter of complaint filed with the
Commission on March 7, 1988 the complainant appealed the respondent's failure
to provide him with the requested records.
4. The complainant requested that the
Commission impose a civil penalty against the respondent.
5. At the hearing, the complainant filed a
motion to terminate the hearing. The
motion was denied.
6. Also at the hearing, the respondent
requested that the Commission impose a civil penalty against the complainant.
7. At the hearing, the respondent stated that
the complainant made a similar request a few months ago, which was complied
with. However, after incurring the
expense of retrieving the files, as of the date of this hearing, the
complainant has failed to go to the town hall to inspect the files.
Docket #FIC 88-79 Page 2
8. Richard J. Johnson, the Assistant Town
Manager testified that it will cost approximately $10,000 to retrieve the 105
files which are the subject of this request.
9. It is found that the documents are public
records within the meaning of §1-18a(d), G.S.
10. It is concluded, however, that under the
unusual facts more fully described at paragraph 7, above, the Commission
declines to order the disclosure of the subject documents.
11. The Commission declines to order a civil
penalty against the complainant or respondent.
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.
Approved by order of
the Freedom of Information Commission at its special meeting of June 22, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission