FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

William J. Choma, Jr.,

 

                                Complainant

 

                against                   Docket #FIC 92-217

 

Princess Pocotopaug Association,

 

                                Respondent                          November 23, 1992

 

                The above-captioned matter was heard as a contested case on October 22, 1992, 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 public agency within the meaning of 1-18a(a), G.S.

 

                2.             By letter of complaint filed July 1, 1992, the complainant appealed to the Commission, alleging that the respondent failed to comply with the Commission's order in Docket #FIC 92-54, William J. Choma, Jr. against Princess Pocotopaug Association, and requesting that the Commission impose a civil penalty against the respondent association.

 

                3.             The Commission takes administrative notice of its record and final decision in Docket #FIC 92-54.

 

                4.             It is found that the complainant in Docket #FIC 92-54 requested on January 25, 1992 the records of the exact legal expenditures regarding the mobile home situation that had occurred in the Town of East Hampton.

 

                5.             It is found that the "mobile home situation" concerned a zoning enforcement action and litigation involving the complainant's mobile home.

 

                6.             The respondent maintains that it was not the enforcement agent in the mobile home dispute, and that it was not a party to litigation about that dispute.

 

                7.             It is found, however, that the respondent did incur legal fees and costs in connection with the mobile home dispute, and that the respondent understood the scope of the complainant's January 25, 1992 request.

 

Docket #FIC 92-217                                             Page 2

 

                8.             It is found that, on or about March 19, 1992, three days before the hearing in Docket #FIC 92-54, the respondent provided the complainant with a listing of all legal fees of the association since July 1, 1991.

 

                9.             It is found that the listing referenced in paragraph 8, above, contains a variety of disbursements, such as small claims court fees, fees to the East Hampton town clerk to release liens, costs for copies, tapes and notices, and also legal fees.

 

                10.           It is found that the listing provided to the complainant was not limited to the scope of the request, and that it cannot reasonably be determined from that listing which expenditures concerned the complainant's request.

 

                11.           It is found that the Commission in Docket #FIC 92-54 concluded that the respondent had violated 1-15 and 1-19(a), G.S., by failing to provide copies of the requested records promptly upon request.

 

                12.           It is also found that the Commission in Docket #FIC 92-54 ordered the respondent forthwith to provide the complainant with copies of the records he had requested on January 25, 1992.

 

                13.           It is found that, two days before the hearing in the present matter, the respondent finally provided the complainant with a document that identified which expenditures concerned the complainant's request.

 

                14.           It is concluded that the respondent failed to comply with Commission's order in Docket #FIC 92-54 by failing to forthwith provide the complainant with copies of the records he had requested in that matter.

 

                15.           The respondent maintains that it believed that the complainant was satisfied with the records provided him on March 19, 1992.

 

                16.           It is found that both the complainant's request and the Commission's order in Docket #FIC 92-54 were clearly understandable to the respondent.

 

                17.           It is found that the respondent has nonetheless deliberately withheld documents ordered to be provided by the Commission until the eve of the hearing on this matter.

 

                18.           It is concluded that the respondent had no reasonable grounds within the meaning of 1-21i(b), G.S., for failing to comply with the Commission's order in Docket #FIC 92-54.

 

Docket #FIC 92-217                                             Page 3

 

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

 

                1.             The Commission imposes a civil penalty in the amount of one hundred dollars ($100.00) pursuant to 1-21i(b), G.S., against the respondent.  The respondent shall pay the penalty to the Commission within 30 days of the issuance of the final decision in this matter.

 

Approved by Order of the Freedom of Information Commission at its special meeting of November 23, 1992.

 

                                                                             

                                                Debra L. Rembowski

                                                Acting Clerk of the Commission

 

Docket #FIC 92-217                                             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:

William J. Choma, Jr.

20 Namonee Trail

East Hampton, CT 06424

 

Princess Pocotopaug Association

c/o Irene Curtis

P.O. Box. 41

East Hampton, CT 06424

 

                                                                             

                                                Debra L. Rembowski

                                                Acting Clerk of the Commission