FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Anthony D'Aquila,

 

                        Complainant

 

            against              Docket #FIC 92-320

 

Trumbull Park Commission,

 

                        Respondent                  July 28, 1993

 

            The above-captioned matter was heard as a contested case on May 6, 1993, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

            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 dated and filed with the Commission on October 14, 1992, the complainant alleged that the respondent commission violated the Freedom of Information Act by changing the order of its agenda, and hearing an item earlier than was previously noticed.

 

            3.  The complainant's allegation specifically refers to the respondent commission's agenda, and regular meeting held on September 14, 1992.

 

            4.  At the hearing in this matter, the respondent requested that civil penalties be imposed upon the complainant because the complainant knew that no legal basis exists to support his complaint, and therefore the complaint was brought in bad faith.

 

            5.  It is found that the respondent commission held a meeting on September 14, 1992, as set forth in the complaint.

 

            6.  However, with respect to the complainant's allegation described in paragraph 2, above, it is found that the complainant has not alleged an act that would constitute a violation of the Freedom of Information Act.

 

            7.  The Commission declines to impose civil penalties upon the complainant.

 

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

 

Docket #FIC 92-320                                Page 2

 

complaint:

 

            1.  The complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 28, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

Docket #FIC 92-320                                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:

Anthony D'Aquilla

29 Valley View Road

Trumbull, CT 06611

 

Trumbull Park Commission

c/o Atty. Arthur Hiller

Town Attorney

5866 Main Street

Trumbull, CT 06611

 

                                                               

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission