FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Lorraine Tirella,
Complainant
against Docket
#FIC 95-184
Theresa Atwood, Jeremiah
Cannon, Jr.,Harold Nelson, Joseph Persico, Jr.,
David Babina, Gerald Gallant,
Linda McIntyre, Kathleen Nelson, Julianne
Ramia and Oxford Board of
Education,
Respondents March 13, 1996
The above-captioned matter was heard as a contested
case on December 6, 1995, at which time the complainant and respondents
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
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By
letter of complaint dated and filed with this Commission on May 6, 1995, the
complainant alleged non-compliance with the Commission's final decision in
Docket #FIC 94-438. The complainant
requested the imposition of civil penalties.
3. The
Commission takes administrative notice of the record, decisions and case file
in Docket #FIC 94-438, Tirella v. Oxford Board of Education ("FIC
94-438").
4. It
is found that the respondent has failed to provide the complainant with the
record at issue in FIC 94-438 in violation of the Commission's order in that
case.
5. It
is found that the respondents' failure to comply with the complainant's records
request and this Commission's order are without reasonable grounds.
Docket #FIC 95-184 Page
2
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The
respondents shall comply with the Commission's order in FIC 94-438 within seven
days of the receipt of the notice of final decision in this case. Failure to do so shall result in the
referral of this matter to the appropriate state's attorney for criminal
prosecution under 1-21k(b), G.S.
2. The
respondents shall remit to this Commission, within thirty days of the date of
notice of final decision in this case, a civil penalty in the amount of four
hundred and fifty dollars ($450.00).
3. The
Commission cautions the respondents that any future violations of the Freedom
of Information ("FOI") Act may result in the imposition of the
maximum civil penalty and other sanctions permitted by law.
4. Finally,
the Commission admonishes the respondents for their utter lack of
accountability, care, concern and diligence in complying with the FOI Act and
the Commission's order in FIC 94-438.
The respondents' actions in this case exemplify poor government. By failing to take seriously the
Commission's order in FIC 94-438, the respondents have continued to
unnecessarily burden this Commission, and deprive other citizens of their
opportunity to be heard.
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 95-184 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:
Lorraine Tirella
11 Larkey Road
Oxford, CT 06478
Theresa Atwood, Jeremiah
Cannon, Jr., Harold Nelson, Joseph Persico, Jr., David Babina, Gerald Gallant,
Linda McIntyre, Kathleen Nelson, Julianne Ramia and Oxford Board of Education
c/o Michael Abdalla,
Superintendent of Schools
429 Oxford Road
Oxford, CT 06478-1231
Elizabeth A. Leifert
Acting Clerk of the Commission