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