FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision          

 

Eunice Giovanni,

 

                                Complainant

 

                against                   Docket #FIC 93-148

 

John Ambrogio, Chief of Police, Hamden Police Department,

 

                                Respondent                          September 22, 1993

 

                The above-captioned matter was heard as a contested case on July 27, 1993, 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 dated May 24, 1993 and filed May 26, 1993, the complainant appealed to the Commission and alleged that the respondent failed to comply with the Commission's final decision in its docket #FIC 92-309.  In addition, the complainant requested that the Commission impose a civil penalty upon the respondent.

 

                3.  The Commission takes administrative notice of the record and final decision in contested case docket #FIC 92-309, involving the same parties as those in this case.

 

                4. It is found that in docket #FIC 92-309, the Commission ordered the respondent to forthwith:

 

                a.  post a copy of the final decision in a conspicuous location in the public reception area of the Hamden Police Department (hereinafter "HPD") for a period of forty-five days; and

 

                b.  forward a copy of the final decision to the Hamden town clerk with instruction for the clerk to post the decision in a conspicuous location in the town hall, for a period of forty-five days.

 

Docket #FIC 93-148                                             Page 2

 

                5.  The complainant maintains that the respondent's posting of the final decision in docket #FIC 92-309 was neither forthwith nor conspicuous; and therefore, that the respondent failed to comply with the Commission's order.

 

                6.  It is found that the respondent received the Commission's final decision on May 17, 1993.

 

                7.  It is further found that sometime after receipt of the Commission's final decision, the respondent directed his secretary to post the Commission's final decision in the public reception area of the HPD and that on or about May 19, 1993, he mailed a copy of the final decision to the Hamden town clerk, directing the clerk to likewise post the final decision.

 

                8.  It is further found that attached to both copies of the final decision, as referred to in paragraph 7, above, the respondent also attached a copy of his letter written to the Commission upon his receipt of the Commission's proposed decision in docket #FIC 92-309, which letter set forth his position concerning that case.

 

                9.  It is further found that the respondent's letter described in paragraph 8, above, was stapled on top of the Commission's final decision in docket #FIC 92-309, and that the Commission's final decision was therefore not in plain view in the public reception area of the HPD.

 

                10.  It is found that the respondent's letter and the Commission's final decision were posted in the public reception area of the HPD sometime after May 20, 1993 and prior to May 24, 1993; and remained posted as of the date of the hearing on this matter.

 

                11.  It is found that the respondent's timing with regard to the posting of the Commission's final decision in docket #FIC 92-309 was not in violation of the Commission's order therein.

 

                12.  However, it is further found that the location under the respondent's letter, as described in paragraph 9, above, does not constitute a "conspicuous location" as required by the order of the Commission in docket #FIC 92-309.

 

                13.  It is therefore concluded that by failing to post the Commission's final decision in docket #92-309 in a conspicuous manner, the respondent violated the provisions of the Commission's order in docket #FIC 92-309, and 1-21i(b) and 1-21k, G.S., without reasonable grounds, so as to justify the imposition of appropriate relief.

 

Docket #FIC 93-148                                             Page 3

 

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

 

                1.  The respondent shall, within thirty days of the mailing of the notice of final decision in this matter, remit the sum of twenty-five dollars to the Commission.

 

                2.  If the respondent does not comply with the provisions of this order within the timeframe set forth in paragraph 1 of this order, the Commission shall seek the imposition of the full sanctions of the criminal law, as provided by state statute.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 22, 1993.

 

                                                                                

                                                Debra L. Rembowski        

                                                Acting Clerk of the Commission

 

Docket #FIC 93-148                                             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:

Ms. Eunice Giovanni

280 Hillfield Road

Hamden, CT 06518

 

John Ambrogio, Chief of Police, Hamden Police Department

c/o Richard E. Gitlen, Esq.

Assistant Town Attorney

Memorial Town Hall

2900 Dixwell Avenue

Hamden, CT 06518

 

                                                                             

                                                Debra L. Rembowski

                                                Acting Clerk of the Commission