FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
George A. Trudeau,
Complainant
against Docket #FIC 92-315
Richard S. Borden, Jr., Glastonbury Town Manager,
Respondent September 8, 1993
The above-captioned matter was heard as a contested case on March 25, 1993, at which time the complainant and the respondent appeared 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 filed with this Commission on September 23, 1993, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by failing to accommodate the inspection of all correspondence in every file in possession of the town attorney concerning the complainant's attached list of fifty-four topics. The complainant also requested the imposition of civil penalties against the respondent.
3. It is found that by letter dated September 13, 1992, the complainant requested to inspect all correspondence in every file in the possession of the Glastonbury town attorney indicated on the complainant's attached list.
4. At the hearing into this matter, the respondent requested the imposition of civil penalties against the complainant pursuant to the provisions of 1-21i(b), G.S.
5. This Commission takes administrative notice of the records and final decisions in contested cases docket numbers FIC 92-168 and FIC 92-276, wherein civil penalties were assessed against Mr. Mozzochi for the filing of complaints that are entirely frivolous, without reasonable grounds and solely for the purpose of harassing the respondent.
6. This Commission also notes that the complainant in the contested cases identified in paragraph 5, above, Mr. C. J.
Docket #FIC 92-315 Page 2
Mozzochi, is serving as the representative of the complainant in the instant case.
7. It is found that the complainant, an employee of Mr. Mozzochi, took it upon himself to make the underlying records request in this case to "help out" Mr. Mozzochi.
8. It is accordingly concluded that while the complainant's purposes in seeking records from the respondent in this case are admittedly the same, in part, as Mr. Mozzochi's purposes, the complainant has not taken this appeal solely for the purpose of harassing the respondent under the facts of this case.
9. Accordingly, the imposition of civil penalties against the complainant under the facts of this case would be inappropriate.
10. It is also found, however, that Mr. Mozzochi made the complainant fully aware of the fact that the underlying records request in this case is identical to a records request made by Mr. Mozzochi that was still in dispute at the time of the hearing into this matter.
11. Accordingly, as a matter of administrative economy and fairness to all parties concerned, this Commission declines to reexamine the issues raised herein.
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.
Approved by Order of the Freedom of Information Commission at its regular meeting of September 8, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-315 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:
George A. Trudeau
c/o C. J. Mozzochi
Box 60
South Glastonbury, CT 06073
R. Stephen Tegarden, Superintendent Glastonbury Public Schools
c/o William S. Rogers, Esq.
Tyler, Cooper & Alcorn
CityPlace - 35th Floor
Hartford, CT 06103
Debra L. Rembowski
Acting Clerk of the Commission