FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Regina Link,
Complainant
against Docket #FIC 89-298
Easton Superintendent of Schools,
Respondent July 11, 1990
The above-captioned matter was heard as a contested case on February 2, 1990 and April 27, 1990, at which times 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 of complaint dated July 6, 1989, and filed with the Commission on July 14, 1989, the complainant alleged that the respondent had failed to comply with her June 18, 1989 letter of request, (hereinafter "request"), for documents.
3. Subsequently, the complainant alleged that the respondent:
(a). failed to provide three documents, (hereinafter "letters"), pertaining to both the complainant's status as a teacher at Samuel Staple School in the town of Easton, and her workers' compensation claim for injuries suffered in an automobile accident on November 24, 1986, (hereinafter "accident"); and
(b). failed to furnish four documents which were relevant to the clarification of the complainant's workers' compensation claim, (hereinafter "claim documents"), concerning the accident.
4. The respondent contends that all information and documentation that was in any way responsive to the complainant's request has been provided. Therefore, the absence of any additional documentation simply means that no other information exists.
Docket #FIC 89-298 Page 2
5. It is found that the documents requested are public records within the meaning of 1-18a(d), G.S.
6. It is found that the letters and claim documents do exist and were in the possession of the respondent at the time of the request.
7. It is concluded, therefore, that the respondent violated 1-15 and 1-19(a), G. S., by failing to promptly and comprehensively comply with the complainant's request.
The following order by the Commission is hereby recommended
on the basis of the record concerning the above captioned complaint:
1. Henceforth the respondent shall strictly comply with the open records provisions of 1-15 and 1-19(a), G. S.
2. The Commission notes that the respondent's failure to promptly and fully comply with the complainant's request was neither willful nor deliberate, but rather the direct result of the respondent's failure to maintain an inventory of the records furnished to the complainant.
Approved by order of the Freedom of Information Commission at its regular meeting of July 11, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 89-298 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:
REGINA LINK
P.O. Box 317
Easton, CT 06612
EASTON SUPERINTENDENT OF SCHOOLS
215 Center Road
Easton, CT 06612
Tina C. Frappier
Acting Clerk of the Commission