FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Fred Diggle and Foundation for Fair Contracting,

 

                                Complainants

 

                against                   Docket #FIC 95-421

 

John Panciera, Michael Gillott, Peter Russo, Linda Perkinson,

Richard Bowers, Nancy Wanicewski, Douglas Stebben, Martin Steinmetz,

Karen Anderson and Somers School Building Committee,

 

                                Respondents                        June 12, 1996

 

                The above-captioned matter was heard as a contested case on April 1, 1996, at which time the complainants and the respondents 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 December 21, 1995, and filed December 26, 1995, the complainants appealed to the Commission alleging that the respondents had not complied with the Commission's order in docket #FIC 95-118, Fred Diggle and the Foundation for Fair Contracting v. Somers School Building Committee, and requesting the imposition of civil penalties against the respondents.

 

                3.  In #FIC 95-118, the Commission entered the following order, in pertinent part:

 

                                "1.  The respondent shall forthwith provide the complainants with access to inspect and copy the requested records free of charge.

 

                                "2.  The respondent shall forthwith either establish an office where it shall keep and maintain all of its public records in an accessible place, or keep its records in the Somers town clerk's office."

 

#FIC 95-421                                           Page 2

 

                4.  It is found that the final decision in #FIC 95-118 was adopted at the Commission's December 13, 1995 meeting and notice of the final decision was mailed to the parties on December 19, 1995.

 

                5.  It is found that prior to December 21, 1995, the complainant attempted to review the records at issue in #95-118, but was unable to because the respondent committee did not take possession of the subject records, which had previously been held at the offices of Maranba Builders, Inc. (hereinafter "Maranba") until on or about December 26, 1995.

 

                6.  It is found that the records at issue are presently stored in the treasurer's office at Somers town hall, in the same building where the town clerk's office is located.

 

                7.  Although the respondent committee's records have been relocated to an accessible place, it is concluded that by failing to either establish an office where it shall keep and maintain all of its public records in an accessible place, or keep its records in the Somers town clerk's office, the respondents violated paragraph 2 of the Commission's order in #FIC 95-118.

 

                8.  It is found that on March 18, 1996, the complainants went to Somers town hall and inspected the records at issue in #FIC 95-118, and requested copies of 18 pages of records.

 

                9.  It is found that respondent John Panciera (hereinafter "Panciera"), who also serves as the first selectman, told the town treasurer to charge the complainants $.50 per page for a total of $9.00.

 

                10.  At the hearing on this matter, the respondents conceded that charging the complainants for the copies was a mistake and that the money would be refunded.

 

                11.  Nevertheless, it is found that by charging the complainants for copies of the records at issue in #FIC 95-118, respondent Panciera failed to comply with paragraph 1 of the Commission's order in #FIC 95-118.

 

                12.  At the hearing on this matter, the complainants claimed that Maranba had not turned over its own certified payroll records to the respondents, as well as those of MacKenzie Painting, a sub-contractor on the project.

 

                13.  It is found that Maranba has not returned the respondent committee's records, described in paragraph 12, above.

 

#FIC 95-421                                           Page 3

 

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

 

                1.  The respondents shall forthwith either establish an office where it shall keep and maintain all of its public records in an accessible place, or keep its records in the Somers town clerk's office, as previously ordered in #FIC 95-118.

 

                2.  The respondents shall forthwith contact Maranba and retrieve the respondent committee's records, referred to in paragraph 12 of the findings, above, and provide the complainant with copies of such records, free of charge.

 

                3.  Respondent Panciera, as the official directly responsible for failing to comply with the Commission's order in #FIC 95-118, shall remit a civil penalty in the amount of twenty dollars ($20.00) to the Commission, within thirty days of the mailing of the final decision in this matter.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 12, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-421                                             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:

Fred Diggle and Foundation for Fair Contracting

c/o Richard A. Raposa, Esq.

3 Brick Walk Lane

Farmington, CT 06032

 

John Paciera, Michael Gillott, Peter Russo, Linda Perkinson, Richard Bowers, Nancy Wanicewski, Douglas Stebben, Martin Steinmetz, Karen Anderson and Somers Building Committee

c/o Thomas J. Shortall, Esq. and

Jennifer Osowiecki, Esq.

Updike, Kelley and Spellacy, P.C.

One State Street

P.O. Box 231277

Hartford, CT 06123-1277

 

Jim Thompson

Maranba Builders, Inc.

1010 Wethersfield Avenue

Hartford, CT 06114

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission