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FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Marvin
B. Edelman, |
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Complainants |
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against |
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Docket
#FIC 1999-248 |
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Superintendent
of Schools, Windham Public |
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Respondents |
December
8, 1999 |
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The above-captioned matter was heard as a contested
case on July 21, 1999, 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 §1-200(1),
G.S. [§1-18a(1),
G.S.].
2. By letter dated April 27, 1999, the complainant submitted a request to the respondents requesting access to inspect the “units of study/instruction in the middle and senior high school social studies curriculum.”
3. It is found that by letter dated May 24, 1999 and filed on May 25, 1999, the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to respond to his April 27, 1999 request.
4. Section 1-210(a), G.S. [formerly §1-19(a), G.S.], provides in relevant part that:
[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours . . . .
5. It is found that, to the extent records exist that are responsive to the complainant’s request, such records are public records within the meaning of §1-210(a), G.S. [formerly §1-19(a), G.S.].
6. It is found that subsequent to the complainant’s appeal to this Commission, the respondents contacted the complainant and met with him on June 14, 1999, to discuss his April 27, 1999 request.
7. It is found that the respondent superintendent provided the complainant with access to all records that he maintained concerning the middle and senior high school social studies curriculum.
8. It is found that the complainant was not satisfied with the records he received access to because they did not conform to his definition of what constitutes a “unit of study”.
9. While the Commission does not dispute the complainant’s definition of what constitutes a “unit of study” or that the records he was provided did not conform to that definition, it is found that the respondents provided all records maintained by them that were responsive to his request and that no additional records exist.
10. Notwithstanding the finding in paragraph 9, above, it is further found however that the respondents failure to respond to the complainant’s request until a month after such request, was not prompt within the meaning of §1-210(a), G.S. [formerly §1-19(a), G.S.].
11. It is concluded therefore that the respondents violated the provisions of §1-210(a), G.S. [formerly §1-19(a), G.S.] under the facts of this case.
On
the basis of the record concerning the above-captioned complaint, no order is
recommended by the Commission.
Approved by Order of the Freedom of Information Commission at its regular meeting of
December 8, 1999.
_________________________
Melanie R. Balfour
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:
Marvin B. Edelman
202 Scotland Road
Windham Center, CT 06280
Superintendent
of Schools, Windham Public Schools; and Board of Education, Windham
Public Schools
c/o Atty. Jennifer B. Majewski
Shipman & Goodwin
One American Row
Hartford, CT 06103
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-248/FD/mrb/
12/20/1999