FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by Final Decision

 

Marvin Weiss,

 

Complainant

 

against Docket #FIC 91-77

 

Woodlake Municipal Tax District,

 

Respondent September 11, 1991

 

The above-captioned matter was heard as a contested case on April 25, 1991, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This case was consolidated for hearing with docket numbers FIC 90-491, 91-73, 91-74, 91-75, and 91-76.

 

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 of complaint filed February 26, 1991, the complainant appealed to the Commission, alleging that the president of the respondent proposed changes to a maintenance contract between the respondent and a condominium association headed by the complainant, without authority and without approval of the respondent.

 

3. It is concluded that the complainant has failed to allege a violation of the Freedom of Information Act.

 

4. At the hearing, the respondent requested that a civil penalty be assessed against the complainant for bringing a frivolous complaint.

 

5. The complainant maintains that his complaint is not frivolous because he was pursuing what he considered to be the law applicable to this case.

 

6. It is found, however, that the complaint in this matter makes no allegations that the respondent denied any request by the complainant for records or information, or that the respondent failed to conduct any of its meetings in compliance with Freedom of Information Act requirements.

 

7. It is concluded that the complaint in this matter is clearly insufficient on its face, and that the complaint was therefore brought frivolously.

 

Docket #FIC 91-77 Page 2

 

8. Since no substantial evidence was produced at the hearing on this matter concerning whether the complaint was brought without reasonable grounds and solely for the purpose of harassing the respondent, the Commission declines to impose a civil penalty against the complainant.

 

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

 

1. The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 11, 1991.

 

 

Karen J. Haggett

Clerk of the Commission

 

Docket #FIC 91-77 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:

MARVIN WEISS

Seven Upper Commons

Woodbury, CT 06798

 

JAMES P. HARAN, ESQ.

JOSEPH P. FASI, ESQ.

Robinson & Cole

One Commercial Plaza

Hartford, CT 06103-3597

 

 

Karen J. Haggett

Clerk of the Commission