FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Salvatore J. Coppola and Carol Senfield,

 

Complainants

 

against Docket #FIC 91-5

 

Louis Zaccaro, Executive Director of TEAM, Inc. and TEAM, Inc.,

 

Respondents October 23, 1991

 

The above-captioned matter was heard as a contested case on April 16, 1991, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The original caption for this case has been amended to reflect the fact that the complainants requested the imposition of civil penalties.

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1. By letter of request dated December 10, 1990, the complainants requested that the respondents provide them with eight categories of documents. The request was made pursuant to Connecticut's Freedom of Information Act (hereinafter "FOIA").

 

2. By letter of response dated December 14, 1990, the respondents provided the complainants with a copy of TEAM's current articles of incorporation, and also agreed to provide "any requested information which would also be available to [the complainants] through the public sector."

 

3. By letter of complaint filed with this Commission on January 9, 1991, the complainants alleged that the respondents failed to comply with their document request in violation of FOIA.

 

4. The complainants also requested the imposition of civil penalties by the Commission.

 

Docket #FIC 91-5 Page 2

 

5. At the hearing the respondents made a motion to dismiss the appeal claiming that the Commission was without subject matter jurisdiction to hear the complaint because of TEAM's private, nonprofit status.

 

6. It is found that the complainants failed to present competent and credible evidence of the applicability of FOIA to the respondents.

 

7. It is concluded that this Commission is without a factual basis for concluding that TEAM is a public agency within the meaning of 1-18a(a), G.S.

 

8. The respondents' motion to dismiss hereby is granted.

 

9. The complainants' request for the imposition of civil penalties 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 dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 23, 1991.

 

 

Karen J. Haggett

Clerk of the Commission

 

Docket #FIC 91-5 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:

Salvatore J. Coppola and Carol Senfield

34 Atwater Avenue

Derby, CT 06418

 

Louis Zaccaro, Executive Director of TEAM, Inc. and TEAM, Inc.

c/o Alan J. Tyma, Esq.

Ryan, Tyma & Sousa

231 Coram Avenue

P.O. Box 648

Shelton, CT 06484

 

 

Karen J. Haggett

Clerk of the Commission