FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Stephanie A. Wagner,

 

                                Complainant

 

                against                   Docket #FIC 95-145

 

Assistant Superintendent, Vernon Public

Schools, and Vernon Board of Education,

 

                                Respondents                        January 10, 1996

 

                The above-captioned matter was heard as a contested case on November 14, 1995, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.

 

                2.  By letter hand delivered on April 17, 1995, the complainant requested that the respondents provide her with copies of teacher surveys concerning the grouping of elementary students for reading and mathematics, which she hoped to pick up on April 21, 1995.

 

                3.  It is found that on April 18, 1995, the respondent assistant superintendent telephoned the complainant and informed her that the original teacher surveys were not available because they were being reviewed by the department heads who were on spring vacation until April 24, 1995, and that copies would not be available until April 26, 1995 due to the number of pages.

 

                4.  It is found that later on April 18, 1995, the complainant telephoned the respondent assistant superintendent and requested that she be permitted to inspect the teacher surveys so as to avoid the copying delay, but he again informed her that the surveys were not available.

 

                5.  By letter dated April 20, 1995, and filed April 24, 1995, the complainant appealed to the Commission and alleged that the respondent failed to promptly provide her with either access to or copies of the requested records.

 

#FIC 95-145                                           Page 2

 

                6.  It is found that the requested teacher surveys are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

                7.  It is found that the respondent did not make or retain copies of the surveys before giving them to the department heads to review.

 

                8.  It is found that the records were returned on April 24, 1995, and that the complainant was provided with copies of the requested records on April 26, 1995.

 

                9.  It is found that the copies of the requested records were provided to the complainant promptly after their return.

 

                10.  It is found, however, that the respondents could and should have made the subject surveys available to the complainant for inspection on the date such records were returned, and that by failing to do so, the respondents denied the complainant prompt access to inspect the requested records.

 

                11.  It is concluded that the respondent violated 1-19(a), G.S., by failing to promptly provide the complainant with access to inspect the requested records.

 

                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), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 10, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-145                                             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:

Stephanie A. Wagner

301 Box Mountain Drive

Vernon, CT 06066

 

Assistant Superintendent,

Vernon Public Schools, and

Vernon Board of Education

P.O. Box 600

Vernon, CT 06066

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission