FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Lorraine Tirella,

Complainant

against Docket #FIC 94-339

Oxford Board of Education,

Respondent March 8, 1995

The above-captioned matter was heard as a contested case on January 3, 1995, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing with contested cases docket numbers 94-427 and FIC 94-438.

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 filed with this Commission on September 26, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by charging her 25› for copies of some records and 50› for copies of other records that required redaction. She also alleged that she was required to pay for copies of records when she only requested access to them.

3. It is found that on August 19, 1994, the complainant was charged 50› for public records that required redaction although at other times she was charged only 25›.

4. This Commission notes that it lacks subject matter jurisdiction over the August 19, 1994 allegations pursuant to 1-21i(b)(1), G.S., as August 19, 1994 was more than thirty days prior to the time of the filing of the complaint in this matter.

5. This Commission also notes that the allegations concerning the respondent's requirement that the complainant pay for copies of public records when she merely sought access to those records have been examined and ruled upon in companion case docket #FIC 94-427. The Commission accordingly declines to reiterate those findings and conclusions herein.

Docket #FIC 94-339 Page 2

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 March 8, 1995.

Debra L. Rembowski

Clerk of the Commission

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:

LORRAINE TIRELLA

11 Larkey Road

Oxford, CT 06478

OXFORD BOARD OF EDUCATION

c/o Donald F. Houston, Esq.

Durant, Nichols, Houston, Mitchell & Sheahan, P.C.

1000 Lafayette Boulevard

P.O. Box 351

Bridgeport, CT 06601-0351

Debra L. Rembowski

Clerk of the Commission