FREEDOM
OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Tony Piccirillo and Madeleine Mattson, | |||
Complainants | |||
against | Docket #FIC 1998-118 | ||
Kurt Zemba, Chairman,
Board of Education, Regional School District #18, |
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Respondents | September 23, 1998 |
The above-captioned matter was heard as a contested case on July 29, 1998 at which time the complainants and the respondent 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(1), G.S.
2. By letter of complaint dated April 22, 1998 and filed with the Commission on April 23, 1998, the complainants alleged that the respondent violated the Freedom of Information (FOI) Act by excessively changing the dates, times and sometimes the locations of scheduled regular and special meetings. In their letter of complaint, the complainants requested that the commission impose a civil penalty upon the respondent.
3. It is found that the complainants have not alleged any conduct by the respondent that constitutes a violation of the FOI Act.
4. It is therefore, concluded that the respondent did not violate §1-21(a), G.S.
5. At the hearing on this matter, the respondent requested that the Commission impose civil penalties upon the complainants.
6. Section 1-21i(b)(2), G.S., provides, in relevant part:
If the commission finds that a person has taken an appeal under this subsection frivolously, without reasonable grounds and solely for the purpose of harassing the agency from which the appeal has been taken, after such person has been given an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, the commission may, in its discretion, impose against that person a civil penalty of not less than twenty dollars nor more than one thousand dollars.
7. It is not found that the complainants filed this appeal frivolously, without reasonable grounds and solely for the purpose of harassing the respondent.
8. Consequently, the respondents request that the complainants be fined is denied.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
2. Although no FOI Act violation was found in this case, the Commission strongly urges the respondent to use his best efforts to address the concerns of the complainants in an appropriate forum. Not only the letter, but certainly the spirit of the FOI Act is best complied with when the public is provided with meaningful notice of upcoming meetings.
Approved by Order of the Freedom of Information Commission at its regular meeting of September 23, 1998.
_________________________ Melanie R. Balfour Acting Clerk of the Commission
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:
Tony Piccirillo 146 Grassy Hill Road Lyme, CT 06371
Madeleine Mattson 10 Elys Ferry Road Lyme, CT 06371
Kurt Zemba, Chairman, Board of Education, Regional School District #18; Russell Gomes, Roderick White, William Wenck, Richard Lickwar, and William Groves as members of the Board of Education, Regional School District #18; and Board Of Education, Regional School District #18 c/o Atty. Richard D. OConnor Siegel, OConnor, Schiff & Zangari, PC 150 Trumbull Street Hartford, CT. 06103
__________________________ Melanie R. Balfour Acting Clerk of the Commission
FIC1998-118FD/mrb09241998