FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

George L. Bozzi, Jr.,

 

                                Complainant

 

                against                   Docket #FIC 95-86

 

Superintendent of Schools, Cheshire Public Schools,

 

                                Respondent                          November 22, 1995

 

                The above-captioned matter was heard as a contested case on October 20, 1995, at which time the complainant and the respondent appeared, stipulated to certain facts 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.  It is found that by letter dated January 30, 1995 the complainant wrote to the respondent regarding certain Cheshire High School athletic teams activities which the complainant alleged constituted violations of the Connecticut Interscholastic Athletic Conference ("CIAC") regulations.

 

                3.  It is found that by letter dated February 7, 1995, the respondent replied to the complainant informing him that based upon "a report" (hereinafter "the report") by high school officials no violations by Cheshire athletic teams occurred.

 

                4.  It is found that the complainant then by letter dated February 23, 1995 requested that the respondent provide him with access to a copy of the report, as well as any other records used in the preparation of the report or related to the report.

 

                5.  It is found that the respondent, by letter dated February 23, 1995, provided the complainant with a copy of a report dated February 2, 1995 and informed the complainant that "no other documents which you request in your letter exist".

 

                6.  By letter of complaint dated March 25, 1995 and filed on March 29, 1995, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by denying him access to a copy of the report, described in paragraph 3, above.

 

Docket #FIC 95-86                                               Page 2

 

                7.  Prior to the commencement of the hearing in this matter, the respondent provided the complainant with a copy of a report prepared by the assistant superintendent, which report is dated January 24, 1995.

 

                8.  It is found that the January 24, 1995 report described in paragraph 7, above, is responsive to the complainant's records request, described in paragraph 4, above.

 

                9.  It is found that the January 24, 1995 report is a public record within the meaning of 1-18a(d) and 1-19(a), G.S.

 

                10.  Section 1-19(a), G.S., provides in relevant part:

 

                                Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15. [Emphasis added].

 

                11.  It is found that the respondent provided the complainant with access to the January 24, 1995 report on October 20, 1995.

 

                12.  It is found that the respondent's provision of access to the January 24, 1995 report approximately eight months after the complainant's request is not prompt within the meaning of 1-19(a), G.S.

 

                13.  It is therefore concluded that the respondent violated 1-19(a), G.S., when he failed to promptly provide the complainant with a copy of the January 24, 1995 report.

 

                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 strictly comply with the provisions of 1-19(a), G.S.

 

                2.  The Commission takes this opportunity, in light of the antagonism displayed at the hearing, to encourage both the complainant and the respondent to work towards an improved spirit of mutual co-operation.

 

Docket #FIC 95-86                                               Page 3

 

Approved by Order of the Freedom of Information Commission at its special meeting of November 22, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-86                                               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:

George L. Bozzi, Jr.

17 Bayberry Drive

Wallingford, CT 06492

 

Superintendent of Schools, Cheshire Public Schools

c/o Priscilla C. Mulvaney, Esq.

325 South Main Street

Cheshire, CT 06410

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission