Freedom of Information Commission

of the State of Connecticut

 

 

In the Matter of a Complaint by                                    Final Decison

 

Edward Oczkowski,

 

                        Complainant

 

            against                                                              Docket #FIC 1996-132

 

Superintendent of Schools,

Oxford Public Schools,

 

                        Respondent                                          November 13, 1996

 

 

            The above-captioned matter was heard as a contested case on August 6, 1996, 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 on three occasions between April 18 and April 22, 1996, the complainant orally requested that the respondent provide him with access to inspect the “as-built” drawings of Quaker Farms School.

 

            3.  Having failed to receive access to inspect the requested records, by letter filed April 24, 1996, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to comply with his request.

 

4.  It is found that a number of town officials have been seeking the requested records for several years; and that two years ago, the respondent conducted a thorough but unavailing search for the requested records, including contacting former members of the Quaker Farms School Building Committee.

 

            5.  It is found that the respondent never maintained the records requested by the complainant, and the complainant was so informed by the respondent at the time of his requests.

 

            6.  It is further found that although the requested records existed at one time, it is unclear who maintained them, whether they still exist or where they might be located.

 

            7.  It is concluded that the respondent did not violate the FOI Act by failing to provide the complainant with records which he does not maintain.

 

            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.

 

 

Approved by Order of the Freedom of Information Commission at its special meeting of November 13, 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:

 

Edward Oczkowski

11 Shelton Road

Oxford, CT 06478

 

 

Superintendent of Schools, Oxford Public Schools

429 Oxford Road

Oxford, CT 06478-1231

 

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FD 1996-132