FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by Final
Decision
Larene F.
Trudeau,
Complainant
against Docket #FIC 91-289
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 Trudeau to make harassing records
requests and file subsequent complaints on his behalf, that Trudeau herself had
no intrinsic interest in the complaint, and that Trudeau 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 Trudeau to make requests and
file complaints on his behalf, or whether the requests and complaints were made
for the purpose of harassment.
Docket #FIC
91-289 Page
2
6. Following the February 6, 1992 hearing, the Commission
subpoenaed Trudeau 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 Trudeau 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
91-289 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:
Larene F.
Trudeau
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