FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In The Matter of a Complaint by                                               Final Decision

 

Natalie Sirkin,

 

                        Complainant

 

            against                                                                          Docket #FIC 1996-034

 

Superintendent of Schools,

Sherman Public Schools,

 

                        Respondent                                                      August 14, 1996

 

 

            The above-captioned matter was heard as a contested case on June 11, 1996, at which time the complainant and the respondent appeared, 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.  By letter of complaint filed with this Commission on February 7, 1996, the complainant alleged that the respondent violated the provisions of the Freedom of Information (“FOI”) Act by failing to provide to her copies of two letters he had received.

 

            3.  It is found that by letter dated January 29, 1996, the complainant requested of the respondent copies of the following: a letter dated October 27, 1995 to the respondent from Dr. Jane Tedder, and a letter dated January 17, 1995 to the Western Connecticut Superintendents Association from Dr. Jane Tedder asking whether her organization should put itself forward as “place holder” for a government grant to plan a proposed magnet school in the area.

 

            4.  It is found that the records identified in paragraph 3, above, are public records within the meaning of §1-18a(d), G.S.

 

            5.  It is found that the respondent located and forwarded to the complainant a copy of the January 17, 1995 letter identified in paragraph 3, above.

 

            6.  It is also found that the respondent failed to provide a copy of the October 27, 1995 letter to the complainant.

 

            7.  It is found that the respondent searched his files for the October 27, 1995 letter without success, and he then contacted Dr. Jane Tedder to ask her to attempt to locate in her own files a copy of the October 27, 1995 letter, which search was likewise unsuccessful.

 

            8.  It is concluded that under the facts of this case, the respondent is not technically 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 notes its concern that the respondent is unable to locate the January 17, 1995 letter at issue and suggests that in the spirit of the FOI Act the respondent may wish to request a follow-up search from Dr. Jane Tedder, and that the respondent may wish to contact the state records administrator concerning retention schedules and other regulations pertaining to the retention of public records.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 14, 1996.

 

 

 

                                                               

                                                                Elizabeth A. Leifert

                                                                Acting 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:

 

Natalie Sirkin

44 Big Trail

Sherman, CT 06784

 

Superintendent of Schools

Sherman Public Schools

2 Route 37 East

Sherman, CT 06784

 

 

 

 

                                                               

                                                                Elizabeth A. Leifert

                                                                Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

FIC1996-034/FD