FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION
Stephen Borer,  
  Complainant  
  against   Docket #FIC 2008-401
Treasurer, Borough of Woodmont,  
  Respondent January 14, 2009
       

 

The above-captioned matter was heard as a contested case on September 2, 2008, 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 1-200(1), G.S.

2.      By letter dated June 11, 2008 and filed June 12, 2008, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by not fulfilling a settlement agreement reached in a previous complaint that the complainant filed against this respondent with the Commission.

3.      The Commission takes administrative notice of the final decision in Docket #FIC 2007-612; Stephen Borer v. Treasurer, Borough of Woodmont (May 28, 2008).  In such final decision, the complainant withdrew the complainant against the respondent and, in return, the respondent agreed to post, on the doors of the Borough Hall, a copy of a calendar that specifies the dates and times during which the Borough of Woodmont is open for business. 

4.      In the instant case, the complainant contends that the May 2008 calendar, which was posted on the front door of the Borough Hall and which listed the respondent’s office hours for May 2008, continued to be posted on June 3, 2008.  The complainant further contends that the August 2008 calendar, which was posted on the front door of the Borough Hall and which listed the respondent’s office hours for August 2008, continued to be posted on September 2, 2008.  Finally, the complainant contends that on one occasion the calendar that the respondent posted on the front door of the Borough Hall was blocked by one of the door’s “mullions” and because of this the complainant could not discern when the respondent would hold its office hours.   

5.      It is found, however, that the clerk for the Borough of Woodmont properly posted the calendars identified in paragraph 4, above, on the inside of the front door, on the inside of the back door of the Borough Hall, as well as on a post that is erected on the front lawn of the Borough Hall.  

6.      It is found that it is the respondent’s practice to post the monthly calendars in the areas identified in paragraph 5, above, in the evening on Sunday preceding the start of a new month or in the morning on the first Monday of the month. 

7.      The Commission takes administrative notice of the fact that June 1, 2008 was a Sunday; that August 1, 2008 was a Friday; and that September 1, 2008 was a holiday. 

8.      It is further found that the only reason that the August 2008 calendar continued to be posted on September 2, 2008 is because the clerk was required to be present for the hearing in the instant case as a witness for the respondent. 

9.      Finally, the Commission takes this opportunity to caution the complainant that his behavior toward the respondent is moving dangerously close to harassment.  The complainant is further cautioned that should such behavior continue, he could be subject to civil penalties pursuant to 1-206(b)(2), G.S. (“If the commission finds that a person has taken an appeal under this subsection frivolously, without reasonable grounds and solely for the purpose of harassing the agency from which the appeal has been taken, after such person has been given an opportunity to be heard . . . , the commission may, in its discretion, impose against that person a civil penalty of not less than twenty dollars nor more than one thousand dollars.”)

10.   It is concluded that the respondent did not violate the FOI Act as alleged.

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 January 14, 2009.

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

 

 

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:

 

Stephen Borer

P.O. Box 328

Stratford, CT 06615

 

Treasurer, Borough of Woodmont

c/o Gerald Weiner, Esq.

350 Fairfield Avenue

Bridgeport, CT 06604

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-401FD/sw/1/22/2009