FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL DECISION
Walter A. Czaja, Jr. and
Haddam
Taxpayer's Association, Inc.,
Complainants
against Docket
#FIC 94-72
Charles F. Sweetman,
Superintendent, Regional School
District No. 17; Robert A.
Norton, Jr., Chairman, Regional
School District No. 17 Board
of Education and Gary J. Shettle,
Director of Finance and
Operations, Regional School District No. 17,
Respondents February 22, 1995
The above-captioned matter was heard as a contested
case on August 1 and 15, 1994, at which time the complainants and the
respondents appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint.
This case was consolidated for hearing with Docket #FIC 94-45, Elizabeth
Allen against Charles F. Sweetman, Superintendent of Schools, Regional School
District No. 17 and Gary Shettle, Director of Finance and Operations, Regional
School District No. 17; and Docket #FIC 94-59, Lawrence G. Stankus and Haddam
Taxpayer's Association, Inc. against Charles F. Sweetman, Superintendent,
Regional School District No. 17; Robert A. Norton, Jr., Chairman,Regional
School District No. 17 Board of Education and Gary J. Shettle, Director of
Finance and Operations, Regional School District No. 17.
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 filed March 7, 1994, the complainants appealed to the
Commission, alleging that their February 24, 1994 request for records had been
denied and that they had been required to make an appointment; and requesting
the imposition of civil penalties against the respondents.
3. It
is found that the complainants on February 23, 1994 visited the offices of the
respondents and submitted a written requested to view and have copies of the
following documents:
a. "The
contract between D[istrict]-17 and the refuse hauler for the 1993-94 fiscal
year;"
Docket #FIC 94-72 Page
2
b. "The
Invitation to Bid Notice for the above-mentioned Contract;"
c. "All
responses to the invitation to bid above;"
d. "All
the invoices pertaining to paper products, i.e., paper towels, napkins, toilet
tissue, soaps, powders, and miscellaneous cleaning supplies and
equipment;" and
e. "The
Citizens Committee Report on the study of the privatization of the bus
transportation system versus the present district operated system."
4. It
is found that the requested records are public records within the meaning of
1-18a(d) and 1-19(a), G.S.
5. It
is found that the respondents initially informed the complainant Czaja that
they didn't know when the documents would be available.
6. It
is found that the complainant Czaja returned to the respondents' offices on
March 2, 1994, at which time he was told that some 240 pages had been copied
for him, and that he should periodically check with the respondents' secretary
to find out when the copying was completed and make an appointment when it was.
7. It
is found that the respondents by letter dated March 4, 1994 informed the
complainants that the requested records were available.
8. It
is found that the complainant Czaja some time later returned to the
respondents' offices and viewed the records that had been copied for him.
9. The
complainants maintain that the respondents did not fully comply with their
request, because they were shown only copies of documents, not the originals
from which the copies were made.
10. It
is concluded that the respondents technically violated 1-19(a), G.S., by
not giving the complainants an opportunity to view the original records from
which the copies were made.
11. It
is also found, however, that there was no evidence to suggest that the copies
provided to the complainants were in any way deficient, that copies of any
documents had been withheld from the complainants, that the complainants had
been
Docket #FIC 94-72 Page
3
required to purchase the
copies as a condition to viewing them, or that the complainants had been in any
way harmed by viewing copies instead of originals, notwithstanding their
suspicions that other unidentified documents had been withheld from them.
12. At
the hearing on this matter, the respondents requested that sanctions be imposed
against the complainants for their failure to promptly pick up and pay for the
copies that had been made for them.
13. The
Commission in its discretion declines to impose civil penalties against the
complainants.
14. The
Commission notes that 1-15(c), G.S., permits the respondents to require
prepayment for copies if the fee is estimated to be ten dollars or more.
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 1-19(a),
concerning the inspection of public records.
Approved by Order of the
Freedom of Information Commission at its regular meeting of February 22, 1995.
Debra L. Rembowski
Clerk of the
Commission
Docket #FIC 94-72 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:
WALTER A. CZAJA, JR. AND
HADDAM TAXPAYER'S ASSOCIATION, INC.
P.O. Box 28
Hignum, CT 06441
CHARLES F. SWEETMAN,
SUPERINTENDENT, REGIONAL SCHOOL DISTRICT NO. 17; ROBERT A. NORTON, JR.,
CHAIRMAN, REGIONAL SCHOOL DISTRICT NO. 17 BOARD OF EDUCATION AND GARY J.
SHETTLE, DIRECTOR OF FINANCE AND OPERATIONS, REGIONAL SCHOOL DISTRICT NO. 17
P.O. Box 568
Little City Road
Higganum, CT 06441
Debra L. Rembowski
Clerk of the Commission