FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Enfield Fourth of July Town Celebration Committee, Inc.,

 

                        Complainant

 

            against              Docket #FIC 90-275

 

Joseph T. Olesky,

 

                        Respondent                  November 28, 1990

 

            The above-captioned matter was heard as a contested case on November 2, 1990, 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 and conclusions of law are reached:

 

            1.  The respondent is a private citizen, and not a public agency within the meaning of 1-18a(a), G.S.

 

            2.  It is concluded, therefore, that the Commission lacks jurisdiction over the respondent with respect to contested case docket #FIC 90-275, which case was improvidently docketed by the Commission.

 

            3.  It is also found that the respondent ("Olesky") had filed a prior complaint with the Commission against the complainant ("Committee") in contested case docket #FIC 90-121.

 

            4.  It is found that the Committee had filed a motion to impose a civil penalty against Olesky for filing a frivilous appeal in contested case docket #FIC 90-121.

 

            5.  The Committee claims that Olesky was told the records he sought did not exist, that Olesky persisted in requesting such records, and that the Committee is not a public agency although the Commission has never issued such a ruling.

 

            6.  Olesky claims that he sought the records pursuant to case docket #FIC 90-121 in good faith and that he believed the Committee to be a public agency because it utilized the services of public employees.

 

Docket #FIC 90-275                           Page 2

 

            7.  It is found that pursuant to the ombudsman program of the Commission, Olesky withdrew his complaint in docket #FIC 90-121 on July 9, 1990, prior to the scheduled hearing into the matter.

 

            8.  It is therefore concluded that under the facts of this case, there exists no pending complaint pursuant to which the Commission can impose a counter-claim of civil penalties against Olesky.

 

            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 for lack of jurisdiction.

 

Approved by order of the Freedom of Information Commission at its regular meeting of November 28, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-275                           Page 3

 

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:

ENFIELD FOURTH OF JULY TOWN CELEBRATION COMMITTEE, INC.

c/o William F. McDonald, Esq.

Law Offices of John H. Parks

36 South Road

P.O. Box 478

Somers, CT 06071

 

JOSEPH T. OLESKY

2 Thomas Street

Enfield, CT 06082

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission