In the Matter of a Complaint by FINAL DECISION


Joseph Caprio,




against Docket #FIC 86-231


Personnel Director and Town Attorney of North Haven,


Respondents November 18, 1986


The above-captioned matter was heard as a contested case on September 16, 1986, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.


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 August 6, 1986 the complainant made a request of the respondent personnel director for information, including job applications, regarding the credentials of building inspectors John W. DeMarco and James Cifarelli. The complainant also stated "I want all papers back that the town lawyer has."


3. By letter dated August 8, 1986 the respondent town attorney informed the complainant that all information regarding Mr. DeMarco and Mr. Cifarelli had been provided previously and that if the complainant wanted other, "non-privileged," documents from his files, copies would be provided at the complainant's expense.


4. By letter of complaint filed with the Commission on August 12, 1986 the complainant alleged that the respondents failed to comply with his request for records.


5. It is found that all existing information regarding Mr. DeMarco's and Mr. Cifarelli's qualifications had been provided to the complainant prior to his August 6, 1986 request. The respondents do not have on file a job application for Mr. DeMarco.


Docket #FIC 86-231 Page Two


6. It is found that the complainant's claim is not that records have not been provided. It is, rather, that Mr. DeMarco and Mr. Cifarelli are not qualified to be building inspectors. The Commission, however, is not a proper forum for the complainant's alleged grievances against Mr. DeMarco and Mr. Cifarelli.


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. The Commission notes that future complaints against the respondents based upon the same allegations could result in the imposition of a civil penalty pursuant to 1-21i(b), G.S., which provides for the imposition of a civil penalty against a complainant if a complaint is filed frivolously, without reasonable grounds and solely for the purpose of harassing the agency against which the complaint has been filed.


Approved by order of the Freedom of Information Commission at its special meeting of November 18, 1986.


Karen J. Haggett

Clerk of the Commission