FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Kathleen Phillips,

 

            Complainant

 

            against              Docket #FIC 91-288

 

Richard S. Borden, Jr., Glastonbury Town Manager,

 

                        Respondent                  September 16, 1992

 

            The above-captioned matter was heard as a contested case on February 6, 1992 and September 9, 1992, at which times the complainant through her purported representative C.J. Mozzochi, Ph.D., and the respondent through counsel, 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 public agency within the meaning of 1-18a(a), G.S.

 

            2.         By letter of complaint filed September 17, 1992, the complainant appealed to the Commission, alleging that certain documents had been withheld from her, and requesting the imposition of a civil penalty against the respondent.

 

            3.         At the hearing on February 6, 1992, the complainant did not personally appear to prosecute her complaint, but her purported representative, C.J. Mozzochi, appeared for her.

 

            4.         The respondent moved to dismiss this complaint, arguing that Mozzochi had used the complainant Phillips to make harassing records requests and file subsequent complaints on his behalf, that Phillips herself had no intrinsic interest in the complaint, and that Phillips had failed to appear to answer questions about whose interests were being advanced by the request and complaint, and whether the requests and complaints were made for the purpose of harassing the respondent.

 

            5.         At the February 6, 1992 hearing, Mozzochi refused to answer any questions about whether he had directed Phillips to make requests and file complaints on his behalf, or whether the requests and complaints were made for the purpose of harassment.

 

Docket #FIC 91-288                           Page 2

 

            6.         Following the February 6, 1992 hearing, the Commission subpoenaed Phillips to appear at the September 9, 1992 hearing, to answer whether Mozzochi was acting on her behalf, or she on his, and whether the requests and complaints were made for the purpose of harassment.

 

            7.         It is found that Phillips was served with the Commission's subpoena, but refused to appear.

 

            8.         At the September 9, 1992 hearing, Mozzochi moved to quash the subpoena, which motion the Commission denies.

 

            9.         It is found that the Commission has a legitimate interest in determining the actual complainant, and the nature of her purported representation in this case, in order to fairly decide the issues of harassment raised by the respondent in its various motions.

 

            10.       The Commission concludes that the integrity of its processes is undermined when a complainant and her purported representative deliberately thwart the Commission's legitimate inquiries by refusing to answer direct and relevant questions, even when ordered to do so by the hearing officer, and by refusing to respond to the Commission's subpoena.

 

            11.       The Commission in its discretion therefore declines to exercise its jurisdiction over this complaint.

 

            12.       Having declined to exercise its jurisdiction, the Commission concludes that it is unnecessary to address any remaining pending motions by either the complainant, Mozzochi, or the 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 dismissed.

 

Approved by Order of the Freedom of Information Commission at its special meeting of September 16, 1992.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 91-288                           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:

Kathleen Phillips

c/o C.J. Mozzochi

Box 60

South Glastonbury, CT 06073

 

Richard S. Bordon, Jr., Glastonbury Town Manager

c/o Attorney William S. Rogers

Tyler, Cooper & Alcorn

CityPlace - 35th Floor

Hartford, CT 06103

 

                                                                    

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission