FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Ruby Belton White,
Complainant
against Docket #FIC 94-420
Director of Staff Placement, Evaluation and Development, New Haven Public Schools,
Respondent September 13, 1995
The above-captioned matter was heard as a contested case on July 19, 1995, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint. The respondent failed to appear.
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 December 1, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by denying her copies of records relating to her pay and recommendations.
3. It is found that on November 7, 1994, the complainant made written requests to the respondent for the following:
a) written policy surrounding all requests for recommendations and any memos instructing his staff to adhere to such policy; and
b) any and all information regarding the mailing of her substitute paycheck for the November 4, 1994 pay period.
4. It is also found that at some time prior to November 7, 1994, the complainant verbally requested copies of recommendations concerning the complainant.
5. It is found that by letter of response dated November 9, 1994, the respondent indicated to the complainant his policy that recommendation requests for staff members from prospecctive employers are sent directly to the employers, and copies are not
Docket #FIC 94-420 Page 2
given to the staff member. By letter dated January 26, 1995, he confirmed that he had verbally informed the complainant that he did not have a copy of her recommendation since he had never made a copy of it.
6. It is also found that attached to his November 9, 1994 letter of response to the complainant, the respondent supplied to her a copy of the payroll register for her paycheck dated November 4, 1994 in response to her request identified in paragraph 3b), above.
7. At the hearing into this matter, the complainant indicated that she still sought copies of any recommendations concerning the complainant, but she admitted that there is no indication whatsoever that the respondent has what she currently seeks.
8. It is concluded that under the facts of this case, the respondent supplied to the complainant those items it in fact did have, and technically it is not in violation of the provisions of the FOI Act.
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.
2. This Commission strongly urges the respondent to contact the state records administrator in Rocky Hill, Connecticut for guidance concerning the records retention statutes of this state and its requirements, as its failure to retain certain records for minimum periods of time may be a violation of the provisions thereof.
Approved by Order of the Freedom of Information Commission at its regular meeting of September 13, 1995.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 94-420 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:
Ruby Belton White
466 Legion Avenue
New Haven, CT 06511
Director of Staff Placement, Evaluation and Development,
New Haven Public Schools
54 Meadow Street
New Haven, CT 06519
Elizabeth A. Leifert
Acting Clerk of the Commission