FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Richard J. Hardy,
Complainant
against Docket #FIC 90-389
Chairperson, Farmington Board of Education,
Respondent April 10, 1991
The above-captioned matter was heard as a contested case on December 17, 1990, at which time the complainant and the respondent appeared 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 August 21, 1990, and filed with the Commission on August 31, 1990, the complainant alleged that the respondent had failed to comply with paragraph 2 of the Commission's order in the final decision in Docket #FIC 90-66, Richard J. Hardy v. Chairperson, Farmington Board of Education, (hereinafter "final decision") as it relates to paragraphs 3(d) and 8 of the findings in that contested case.
3. The Commission takes administrative notice of its record and final decision in Docket #FIC 90-66.
4. The final decision was adopted at the Commission's July 9, 1990 regular meeting, and the notice of final decision was mailed to the respondent on July 12, 1990.
5. Paragraph 2 of the order in the final decision directed the respondent to provide the complainant with either a copy of the documentation relating to an October 2, 1989 memo (hereinafter "memo") concerning the complainant's son, or an affidavit that the requested information does not exist.
Docket #FIC 90-389 Page 2
6. It is found that on or about June 4, 1990, prior to the issuance of the notice of final decision, the director of special services for the Farmington Public Schools forwarded to the complainant a statement setting forth the circumstances which were the basis for the memo, and a copy of the memo.
7. It is found that after receipt of the notice of final decision the respondent failed to comply with paragraph 2 in the order of final decision.
8. It is concluded that in accordance with the spirit and intent of paragraph 2 of the order of final decision the respondent should have furnished the complainant with an affidavit stating that with the exception of the June 4, 1990 statement from the director of special services no additional documentation exists regarding the memo.
9. The Commission declines to impose a civil penalty as requested by the complainant.
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 fully comply with any order of the Commission or risk the imposition of civil penalties and criminal prosecution as set forth in 1-21i(b) and 1-21k(b), G.S.
Approved by order of the Freedom of Information Commission at its regular meeting of April 10, 1991.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-389 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:
RICHARD J. HARDY
38 Woodside Drive
Unionville, CT 06085
CHAIRPERSON, FARMINGTON BOARD OF EDUCATION
c/o Palmer S. McGee, Sr., Esq.
Day, Berry & Howard
CityPlace
185 Asylum Street
Hartford, CT 06103
Tina C. Frappier
Acting Clerk of the Commission