FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Mike Board and Killingworth Taxpayers Association,
Complainants
against Docket #FIC 93-125
Chairman, Regional School District No. 17 Board of Education,
Respondent April 27, 1994
The above-captioned matter was heard as a contested case on August 16, 1993 and April 12, 1994, at which times the complainants 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 filed with this Commission on May 3, 1993, the complainants alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by failing to provide to them the superintendent's original contract and all of the addenda as well as any insurance policy that District No. 17 is paying for pertaining to the superintendent excluding any medical records.
3. It is found that as of the time of the hearing into this matter, the complainants had secured the superintendent's original contract and all addenda thereto. Accordingly, the sole issue at the hearing was access to any insurance policy that District No. 17 is paying for pertaining to the superintendent excluding any medical records.
4. The respondent claims that the complaint is frivolous in light of the fact that it has answered hundreds of questions for the complainants that it was not legally required to answer.
5. It is concluded that the respondent's cooperation with the complainants as outlined in paragraph 4, above, does not convert the instant request into a frivolous one.
6. It is found that although the respondent provided to the complainants a copy of a $100,000. term group policy in its
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possession, the complainants still seek a copy of the life insurance policy records of the Guardian life insurance company concerning the coverage of the superintendent.
7. On April 12, 1994, the hearing into this matter was reopened for four additional hours for the receipt of evidence on the issue of insurance policy ownership with respect to those insurance records still sought by the complainants.
8. It is found that no policy was prepared by the respondent nor were any such documents, other than the term group policy identified in paragraph 6, above, ever used, received or retained by the respondent.
9. It is further found that at no time has any member of the respondent, former or present, ever even viewed the documents still at issue.
10. It is found that the following rights with respect to Guardian life insurance coverage, which rights also constitute incidents of ownership of a life insurance policy, reside exclusively with the superintendent and not with the respondent:
a. to name the beneficiaries;
b. to change the beneficiaries;
c. to name the owner;
d. to change the dividend;
e. to change the premium payment schedule; and,
f. to elect non-forfeiture benefits of the policy.
11. The complainants claim that because the respondent has the right to a return of premiums paid to the Guradian life insurance company upon the termination of the superintendent's employment or his death, (a "collateral assignment"), that somehow proves that the respondent is a policy owner or co-owner.
12. It is found that a collateral assignment does not establish ownership or co-ownership of a life insurance policy.
13. It is concluded that the respondent does not own the records at issue within the meaning of 1-18a(d), G.S.
14. It is concluded that under the facts of this case, the records at issue do not constitute the public records or files of this respondent within the meaning of 1-18a(d), G.S.
15. This Commission takes administrative notice that the following contested cases are currently pending before this Commission, which cases concern the public availablilty of the same records at issue in the instant case: Docket #FIC 94-31, Michael Board and the Killingworth Taxpayers Association v. Superintendent, Regional School District No. 17 Board of Education; Docket #FIC 94-32, Michael Board and the Killingworth
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Taxpayers Association v. Robert Norton, Chairman, Regional School District No. 17 Board of Education and Charles F. Sweetman, Superintendent, Regional School District No. 17 Board of Education; and Docket #FIC 94-45, Elizabeth Allen v. Charles F. Sweetman, Superintendent of Schools, Regional School District No. 17.
16. Due to the confusing nature of the underlying products at issue, this Commission declines to conclude that the complainants' sole motivation in seeking a reopened hearing on the issue of ownership was harassment of the respondent. Accordingly, this Commission declines to levy civil penalties against the complainants as requested by the respondent.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 27, 1994.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93-125 Page 4
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:
Mr. Mike Board
Killingworth Taxpayers Association
20 Cow Pen Hill Road
Killingworth, CT 06419
Regional School District NO. 17 Board of Education
c/o Alaric J. Fox, Esq.
Siegel, O'Connor, Schiff & Zangari, P.C.
370 Asylum Street
Hartford, CT 06103
Elizabeth A. Leifert
Acting Clerk of the Commission