FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Nicholas B. Wynnick,

 

                        Complainant

 

            against              Docket #FIC 89-339

 

Ansonia Library Board of Directors,

 

                        Respondent                  February 14, 1990

 

            The above-captioned matter was heard as a contested case on January 9, 1990, at which time the complainant and the respondent appeared and presented testimony and argument on the complaint.

 

            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.  The Commission takes administrative notice of its record and final decision In the Matter of a Complaint by Nicholas B. Wynnick against Ansonia Library Board of Directors, Docket #FIC 89-70, notice of which final decision was issued on August 4, 1989.

 

            3.  In particular, the Commission takes administrative notice of paragraph 1 of its order in Docket #FIC 89-70, which provides:

 

                        1. The respondent shall forwith provide the complainant with a copy of the requested record, or, within two weeks of the issuance of the Final Decision in this matter, provide the complainant with an affidavit stating that it has conducted a thorough search of its records, including any records currently maintained at locations other than the Ansonia Library, and that the record requested by the complainant does not exist.  [Emphasis added.]

 

            4.  By letter of complaint dated September 7, 1989 and filed with the Commission on September 8, 1989, the complainant appealed to the Commission, alleging that the respondent failed to comply with paragraph 1 of the Commission's order in Docket #FIC 89-70, as quoted in paragraph 3, above.

 

Docket #FIC 89-339                           Page 2

 

            5.  It is found that the respondent did not provide the affidavit ordered by paragraph 1 of the Commission's order in Docket #FIC 89-70 until October 7, 1989, over nine weeks after the issuance of the notice of final decision in Docket #FIC 89-70, and over four weeks after the complainant sought compliance by filing the appeal in the instant matter.

 

            6.  The respondent maintains that the complainant never contacted the respondent to request that the respondent comply with the Commission's order in Docket #FIC 89-70.

 

            7.  It is found, however, that the complainant is under no obligation to remind the respondent of its obligation to comply with the express order of the Commission.

 

            8.  It is concluded, therefore, that the respondent violated 1-21i(b) and 1-21k(b), G.S., by failing to comply with the Commission's order in Docket #FIC 89-70.

 

            9.  It is further concluded that the respondent's asserted excuse for its noncompliance is frivolous, and that its noncompliance was without reasonable grounds.

 

            10.  The Commission also takes administrative notice of its record and final decision In the Matter of a Complaint by Nicholas B. Wynnick against Ansonia Library Board of Directors, Docket #FIC 85-224.

 

            11.  The Commission also takes administrative notice of its record and final decision In the Matter of a Complaint by Nicholas B. Wynnick against Ansonia Library Board of Directors, Docket #FIC 86-322, in which matter the members of the respondent board were assessed a civil penalty for failure to comply with the Commission's order in Docket #FIC 85-224.

 

            12.  The Commission also takes administrative notice of its record and final decision In the Matter of a Complaint by Nicholas B. Wynnick against Ansonia Library Board of Directors, Docket #FIC 86-219.

 

            13.  In particular, the Commission takes administrative notice of paragraph 4 of the final decision in Docket #FIC 86-219, which states:

 

                        4. It is found that the failure of the respondents to inform the complainant that the requested records were no longer maintained and their subsequent failure to appear for a scheduled hearing evidence a regrettable arrogance and willingness to waste the resources and time of the complainant and the Commission as well as of the taxpayers of this state and of the Town of Ansonia.

 

Docket #FIC 86-339                           Page 3

 

            14.  It is found that the respondent continues to display a distressing lack of respect for and compliance with the orders of the Commission, and that such behavior continues to waste the time and resources of the complainant, the Commission, and the taxpayers of Ansonia and the state.

 

            15.  The Commission notes that its patience has been severely tested by the respondent's unexcused failure to comply with the Commission's order.  Such failure to comply exposed the respondent to potential civil penalties of up to $1,000.00 pursuant to 1-21i(b), G.S., as well as potential criminal prosecution pursuant to 1-21k(b).

 

            16.  The Commission notes that some animosity may exist between the complainant and the respondent and its employees, and that such animosity is likely attributable to the behavior of all parties concerned.  The Commission strongly advises the respondent, however, to deal with the complainant in a manner that does not flout the orders of the Commission.

 

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

 

            1. The respondent shall cause a copy of the Final Decision in this matter to be prominently posted for 60 days, commencing seven days after issuance of the Notice of Final Decision in this matter, in public areas of the Ansonia Library and the Ansonia Town Hall.

 

            2.  The respondent shall include the Final Decision in this matter in the agenda of its next regular meeting after issuance of the Notice of Final Decision in this matter, and shall cause a copy of this Final Decision to be attached to the minutes of that meeting.

 

            3.  The respondent shall distribute copies of the Final Decision in this matter to each of its members and to each person employed by the Ansonia Library, within 7 days following issuance of the Notice of Final Decision in this matter.

 

Approved by order of the Freedom of Information Commission at its regular meeting of February 14, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 86-339                           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:

NICHOLAS B. WYNNICK

55 Prospect Street

Ansonia, CT 06401

 

ANSONIA LIBRARY BOARD OF DIRECTORS

c/o James E. Sheehy, Esquire

253 Main Street

Ansonia, CT 06401

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission