In the Matter of a Complaint by FINAL DECISION


Nicholas B. Wynnick,




against Docket #FIC 86-219


Michael Dalton, Elizabeth Dearborn, James Gleason, Thelma Komisar, Alton Palmer, Mary Menna, Edward McGoe, Madeline Sobin and Ansonia Library Board of Directors,


Respondents December 10 , 1986


The above-captioned matter was heard as a contested case on September 8, 1986, at which time the complainant appeared and presented testimony, exhibits and argument but the respondents failed to appear.


After consideration of the entire record, the following facts are found:


1. The respondents are public agencies within the meaning of 1-18a(a), G.S.


2. By letter dated July 29, 1986 the complainant made a request of the respondents for work schedules, time logs and pay charts of employees of the Ansonia Library covering the period from March 1, 1986 to July 26, 1986.


3. By letter of complaint filed with the Commission on August 8, 1986 the complainant alleged that he had been given the time logs and pay charts but had not been given the requested work schedules. The complainant requested the imposition of a civil penalty pursuant to 1-21i(b), G.S. The complainant further requested that "if public records have been destroyed, a suitable penalty be applied."


4. At hearing the complainant presented copies of work schedules previously obtained from the respondents. Such schedules identified the week covered by its ending date and, in a column under each day of the week, listed time periods followed by two- or three-letter initials.


5. It is found that the records in question are public records within the meaning of 1-18a(d), G.S., not exempt from


Docket #FIC 86-219 Page Two


disclosure pursuant to 1-19(b), G.S. The Commission considered the same issue and reached the same conclusion in FIC 78-195, Nicholas B. Wynnick v. Library Directors of the City and Town of Ansonia.


6. The respondents did not appear, nor did they submit any evidence or legal arguments in support of their failure to provide the records requested.


7. It is concluded that the respondents violated 1-15 and 1-19(a), G.S., when they failed to provide the complainant with the records requested.


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 provide the complainant with copies of the work schedules of Ansonia Library employees for the period from March 1, 1986 to July 26, 1986.


2. Pursuant to 1-21i(b), G.S., the respondents are hereby ordered to appear before the designated Hearing Officer in the above matter, at a date and time to be determined, for a hearing for the purpose of determining whether a civil penalty should be assessed against them and, if so, in what amount.


Approved by order of the Freedom of Information Commission at its regular meeting of December 10, 1986.


Karen J. Haggett

Clerk of the Commission