FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Moise Lenard,
Complainant
against Docket #FIC 93-161
Bloomfield Town Council,
Respondent October 13, 1993
The above-captioned matter was heard as a contested case on August 26, 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 of complaint filed with this Commission on June 9, 1993, the complainant alleged that the respondent failed to comply with the order of this Commission in the final decision of contested case docket #FIC 92-196 (hereinafter "FIC 92-196").
3. This Commission takes administrative notice of the final decision in FIC 92-196 dated April 28, 1993.
4. At the hearing into this matter, the complainant stated that the sole issue is that he never received a copy of the original signed letter of resignation given to the respondent by Mr. Stenhouse.
5. The order in the final decision in FIC 92-196 essentially required the respondent to seek a copy of the letter identified in paragraph 4, above, from appropriate town officials necessarily including the mayor. The respondent was required to supply either a copy of that letter or a notarized affidavit by the respondent's chairperson that such a search was unsuccessfully made with an explanation of the outcome of that search. Such was ordered to be provided to the complainant within fifteen business days of the date of the final decision in FIC 92-196.
6. It is found that the respondent secured an affidavit from the mayor dated June 3, 1993.
Docket #FIC 93-161 Page 2
7. It is also found that the clerk of the respondent subsequently executed an affidavit dated July 19, 1993, outlining the steps taken in attempt to procure the record sought by the complainant.
8. It is found that the respondent provided the June 3, 1993 affidavit to the complainant after the fifteen-day period set forth by this Commission in its order of FIC 92-196.
9. It is also found that the respondent failed to forward the clerk's July 19, 1993 affidavit to the complainant.
10. It is concluded that the respondent failed to comply fully with this Commission's order in FIC 92-196 within the time-frame prescribed by this Commission therein.
11. The respondent's failure to comply with this Commission's order in 92-196 constitutes a violation pursuant to 1-21k(b), G.S.
The following order by this Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The respondent shall henceforth fully and strictly comply with any orders that may be directed at it by this Commission.
2. This Commission declines in its discretion to refer this case for formal prosecution. However, failure of the respondent to comply with the order in paragraph 1, above, shall result in the referral of any such instances by this Commission to the appropriate prosecuting authorities.
Approved by Order of the Freedom of Information Commission at its regular meeting of October 13, 1993.
Mitchell Pearlman
Acting Clerk of the Commission
Docket #FIC 93-161 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 CARE ARE:
Moise Lenard
8 Pickett Lane
Bloomfield, CT 06002
BLOOMFIELD TOWN COUNCIL
c/o Eric D. Coleman, Esq.
101 Oak Street
Hartford, CT 06106
Mitchell Pearlman
Acting Clerk of the Commission