FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Mimi Hall and Norwich Bulletin,

 

                        Complainants,

 

            against              Docket #FIC 89-11 (c.p.)

 

Norwich City Council's Administration, Planning and Economic Development Committee and Robert Booth, Louis Heller, Linda Becker and Roderick Arpin,

 

                        Respondents                 January 10, 1990

 

                        The above-captioned matter was heard as a contested case on February 16, 1989, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The Commission approved its Final Decision in the matter on September 27, 1989, ordering the respondent committee members to show cause why a civil penalty should not be imposed upon them.

 

            The issue of whether a civil penalty should be imposed was heard as a contested case on November 30, 1989, at which time the complainant and the respondents appeared and presented testimony and argument.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  Paragraphs 1 through 15 of the findings of fact and conclusions of law in the Commission's Final Decision in the above-captioned matter approved September 27, 1989, are hereby incorporated by reference.

 

            2.  The Commission hereby takes administrative notice of the Final Decisions in its Docket ##'s FIC 88-230, 88-239, 88-246 and 88-268, approved on October 26, 1989.

 

            3.  It is found that by the time of the meetings underlying the complaint in this matter the respondents Booth, Heller and Becker had many opportunities to become aware of and familiar with the Freedom of Information Act's requirements.

 

            4.  Based upon the entire record in this matter, it is found that there were no reasonable grounds for the violations of the Freedom of Information Act described in the Final Decision in this matter approved on September 27, 1989.

 

Docket #FIC 89-11 (c.p.)                                Page Two

 

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

 

            1.  The Commission hereby imposes a civil penalty upon the respondents Booth, Heller and Becker in the amount of $1,000, for which they shall be jointly and severally liable.

 

Approved by order of the Freedom of Information Commission at its regular meeting of January 10, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-11 (c.p.)                                Page Three

 

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:

MIMI HALL AND NORWICH BULLETIN

66 Franklin Street

Norwich, CT 06360

 

NORWICH CITY COUNCIL'S ADMINISTRATION, PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AND ROBERT BOOTH, LOUIS HELLER, LINDA BECKER AND RODERICK ARPIN

c/o Marc Mandell, Esquire

71 East Town Street

Norwich, CT 06310

 

            and

 

Ralph Bergman, Esquire

Assistant Corporation Counsel

60 Shetucket Street

Norwich, CT 06360

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission