FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Joseph S. Iaco and Seymour
Republican Town Committee,
Complainants
against Docket
#FIC 95-91
Seymour Board of Selectmen,
Respondent March 13, 1996
The above-captioned matter was heard as a contested
case on October 18, 1995, at which time the respondent appeared but the
complainants failed to appear. The
respondent requested the imposition of civil penalties against the complainants
for the filing of a frivolous appeal, which request was denied at that time
because the complainants were not provided with notice of such request, as
required by 1-21i(b)(2), G.S.
On October 31, 1995, the undersigned hearing officer
submitted a report which was to be considered by the full Commission at its
December 13, 1995 meeting, but instead was withdrawn at that meeting.
This matter was again heard on January 10, 1996,
limited to the issue of whether a civil penalty against the complainants ought
to be imposed pursuant to 1-21i(b)(2), G.S., at which time the respondent
again appeared and presented evidence and argument in support of its request
for a civil penalty, but the complainants failed to appear.
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 and filed March 31, 1995, the complainants appealed to this Commission
alleging that the respondent violated the Freedom of Information
("FOI") Act by filing the minutes of its meetings late for four out
of the six meetings held by the respondent since January 1, 1995.
3. It is
found that the complainants failed to prove that the respondent violated the
FOI Act as alleged in their complaint.
#FIC 95-91 Page
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4. It is
further found, in light of the complainants failure to appear at three separate
Commission proceedings, that their appeal was taken frivolously, without
reasonable grounds, and solely for the purpose of harassing the respondent
within the meaning of 1-21i(b)(2), G.S.
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 with prejudice.
2. The
complainant Joseph Iaco shall remit a civil penalty in the amount of $100 and
the Seymour Republican Town Committee shall remit a civil penalty in the amount
of $150, such penalties to be remitted to the Commission within thirty days of
the mailing of the notice of the final decision in this matter.
3. The
Commission admonishes the complainants for their failure to advise the
Commission of their intent not to attend the scheduled hearings on this matter,
which resulted in an unnecessary expenditure of state and municipal resources.
Approved by Order of the
Freedom of Information Commission at its regular meeting of March 13, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-91 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:
Joseph S. Iaco and Seymour
Republican Town Committee
P.O. Box 380
Seymour, CT 06483
Seymour Board of Selectmen
c/o Colleen Fries, Esq.
Town Counsel
Bai, Pollock & Dunnigan,
P.C.
P.O. Box 1978
Bridgeport, CT 06604
Elizabeth A. Leifert
Acting Clerk of the Commission