FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Mark Pazniokas and The Hartford Courant,
Complainant,
against Docket #FIC 88-447
Mayor's Commission on Crime, Board of Education and City Council of the City of Hartford and Nicholas R. Carbone, Co-Chairman of the Mayor's Commission on Crime,
Respondents, July 11, 1990
On April 27, 1990, respondent Nicholas R. Carbone appeared and presented evidence and argument to show cause why a civil penalty should not be imposed upon him pursuant to 1-21i(b), G.S.
Prior to the scheduled hearing, on June 28, 1989, the FOIC adopted a final decision in the above-captioned matter which ordered Nicholas R. Carbone to appear to show cause why a civil penalty should not be imposed upon him pursuant to 1-21i(b), G.S. Thereafter the respondents appealed the decision of the Commission to the Superior Court. On March 8, 1990, the appeal was dismissed.
The findings and the record for the June 28, 1989 final decision are hereby incorporated into this decision.
After consideration of the entire record, the following facts are found:
1. It is found that the respondent Carbone is a public agency within the meaning of 1-18a(a), G.S.
2. The respondent Carbone moved to dismiss on the ground that the Commission lacked jurisdiction over the respondent Carbone. The respondent Carbone claimed the Commission lacked jurisdiction because he had not been named a party in the previous proceeding in this matter and had not been afforded an opportunity to participate. For the reasons stated the respondent Carbone claimed that the April 27, 1990 hearing on his civil penalty violated his due process rights.
Docket #FIC 88-447 page two
3. It is concluded that the motion to dismiss should be denied because the hearing is authorized by 1-21i(b), G.S., and because respondent Nicholas R. Carbone has had adequate notice and opportunity to defend himself in this proceeding.
4. It is found that all other proceedings of the Mayor's Commission on Crime prior to the retreat, which was conducted in private, had been open to the public.
5. It is found that the respondent Carbone shared the responsibility for the decision to hold the retreat as a series of private meetings with several other persons including the Mayor, the President of the School Board and the two facilitators who conducted the retreat.
6. It is further found that the Respondent Carbone did not believe that the respondent Commission was a public agency subject to the Freedom of Information Act.
7. It is concluded under the facts of this case that it is not appropriate to impose a civil penalty upon the respondent Nicholas R. Carbone.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The respondents shall henceforth comply with 1-19(a) and 1-21, G.S.
Approved by order of the Freedom of Information Commission at its regular meeting of July 11, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 88-447 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:
MARK PAZNIOKAS AND THE HARTFORD COURANT
c/o Ralph G. Elliot, Esq.
Tyler, Cooper & Alcorn
CityPlace - 35th Floor
Hartford, CT 06103
MAYOR'S COMMISSION ON CRIME, BOARD OF EDUCATION AND CITY COUNCIL OF THE CITY OF HARTFORD AND NICHOLAS R. CARBONE, CO-CHAIRMAN OF THE MAYOR'S COMMISSION ON CRIME
c/o Thomas R. Cox, Esq.
Office of the Corporation Counsel
550 Main Street
Hartford, CT 06103
Tina C. Frappier
Acting Clerk of the Commission