FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Nicholas B. Wynnick,

 

Complainant

 

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 April 8, 1987

 

In a Final Decision in the above matter, issued December 17, 1986, the Commission ordered the respondents to provide the complainant with copies of work schedules of Ansonia Library employees covering the period from March 1, 1986 to July 26, 1986. The respondents were also ordered to appear for a hearing for the purpose of determining whether a civil penalty should be assessed against them pursuant to 1-21i(b), G.S., and, if so, in what amount. Pursuant to such order a hearing was held January 12, 1987, at which time the complainant and the respondents appeared and offered testimony and argument on the issue of the imposition of a civil penalty.

 

1. Paragraphs 1 through 7 of the Final Decision in the above-captioned matter, dated December 10, 1986, are hereby incorporated as if fully set forth herein.

 

2. It is found that the type of record requested by the complainant and ordered disclosed by the Commission has not been kept by the respondent since September 8, 1984, due to objections by library employees.

 

3. The respondents claim that the complainant was given whatever records existed at the respondents' offices and that they did not feel it necessary to tell him they did not have the records requested. The respondents offered no explanation for the failure to appear at the first hearing on this matter other than to state that no one was able to attend.

 

4. It is found that the failure of the respondents to inform the complainant that the requested records were no longer maintained and their subsequent failure to appear for a scheduled hearing evidence a regrettable arrogance and

 

Docket #FIC 86-219 Page Two

 

willingness to waste the resources and time of the complainant and the Commission as well as of the taxpayers of this state and of the Town of Ansonia.

 

5. Because the complainant was not denied access to existing public records, however, the Commission does not deem it appropriate to impose a civil penalty against the respondents.

 

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

 

1. The respondents, within one week of the mailing of the Supplemental Final Decision in this matter, shall cause copies of such Supplemental Final Decision and of the Final Decision in this matter, issued December 17, 1986, to be posted in the same manner as notices of special meetings are posted pursuant to 1-21(a), G.S. Such copies shall remain posted for a period of two weeks.

 

2. The respondents, within one week of their next regular meeting following issuance of the Supplemental Final Decision in this matter, shall cause copies of this Supplemental Final Decision and of the Final Decision issued December 17, 1986, to be appended to and made a permanent part of the minutes of such meeting.

 

Approved by order of the Freedom of Information Commission at its regular meeting of April 8, 1987.

 

Catherine I. Hostetter

Acting Clerk of the Commission