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