FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Edward K. Morrissey,
Complainant
against Docket #FIC 90-31
John Ball, Chairman, Region #4 Board of Education; and Region #4 Board of Education
Respondents, January 14, 1991
The above-captioned matter was heard as a contested case on May 15, 1990, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter of complaint dated January 22, 1990 and filed with the Commission on January 23, 1990, the complainant appealed to the Commission, alleging that his request for certain documents had been denied.
3. It is found that the complainant's son, a student, was mistakenly transported as part of his educational program to a riding program, based on the son's participation the previous year, although the complainant had not given his consent for the current year.
4. It is found that the complainant, concerned about the incident described in paragraph 3, above, three times requested copies of the respondent board's policy and procedures regarding parental consent for off-school premises travel, the latest such request by letter dated January 12, 1990.
5. It is concluded that the records described in paragraph 4, above, are public records within the meaning of 1-18a(d), G.S.
6. It is found that the complainant's request was not met until March 12, 1990.
7. It is concluded that the respondents failed to provide copies of the requested records promptly upon request, in violation of 1-15 and 1-19(a), G.S.
Docket #FIC 90-31 Page 2
8. The complainant requests that civil penalties be assessed against the respondents on the grounds that the delay between his several formal written requests and the eventual compliance by the respondents was unreasonable.
9. The respondents acknowledge that the delay in response was excessive, but maintain that it was inadvertent.
10. Under the circumstances of this case, the Commission in its discretion declines to impose a civil penalty against the respondents.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth the respondents shall strictly comply with the requirements of 1-15 and 1-19(a), G.S., regarding the prompt provision of copies of public records.
2. The respondent board shall send a copy of the final decision in this case to each school principal in the district and direct each principal to post a copy in a prominent place within the school for a period of 30 days.
Approved by order of the Freedom of Information Commission at its special meeting of January 14, 1991.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-31 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:
EDWARD K. MORRISSEY
151 Bushy Hill Road
Deep River, CT 06417
JOHN BALL, CHAIRMAN, REGION #4 BOARD OF EDUCATION; AND REGION #4 BOARD OF EDUCATION
c/o Kenneth J. McDonnell, Esq.
Gould, Larson, Bennet & Munio
P.O. Box 656
Old Saybrook, CT 06475
Tina C. Frappier
Acting Clerk of the Commission