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