FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on June 6, 2006, 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 §1-200(1), G.S.

 

2.      It is found that by e-mail dated March 10, 2006, the complainant made a request for a copy of  “the manifest from the removal of cloth duct insulation from Huckleberry Hill Elementary School in 2004 [which manifest] should not be limited to, but should include, the storage and disposal records for this asbestos containing material.”

 

3.      It is found that by e-mail dated March 10, 2006, the respondent informed the complainant that he had received her request and would begin to gather any records responsive to it.  The respondent advised the complainant that once the records were compiled, she would be contacted.

 

4.      It is found that by letter dated March 20, 2006, the respondent informed the complainant that Dr. Granville, the school district’s asbestos consultant, indicated that no cloth duct insulation had been removed.

 

5.      By letter dated March 21, 2006, and filed on March 22, 2006, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to provide her with a copy of the requested records and by failing to respond to her request within four business days.  The complainant requested the imposition of a civil penalty.

 

6.      Section 1-210(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 . . .  receive a copy of such records in accordance with section 1-212. 

 

7.      Section 1-212(a), G.S., provides in relevant part that “any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.” 

 

8.      It is found that as a result of certain allegations made to the State of Connecticut Department of Public Health (hereinafter “DPH”) regarding the asbestos levels in Huckleberry Hill School, said school was inspected by DPH.  Thereafter, DPH issued a report wherein certain violations were alleged against the Brookfield Board of Education (hereinafter “BBE”).

 

9.      It is found that one of the violations DPH alleged was that the BBE failed to maintain a detailed written description of the actions related to the removal of cloth duct insulation from certain rooms and hallways in Huckleberry Hill Elementary School in 2004.

 

10.  It is found that the complainant was familiar with the report issued by DPH when she made her March 10, 2006 request to the respondent for the “manifest from the removal of cloth duct insulation from Huckleberry Hill Elementary School in 2004,” which report clearly stated that no records related to the removal of cloth duct insulation could be found.

 

11.   Furthermore, it is found that no cloth duct insulation was removed from Huckleberry Hill School; rather flex duct connectors were removed and replaced in the rooms and hallways referred to by DPH, as part of the school’s 2004 regular summer maintenance. 

 

12.   Consequently, it is found that the BBE did not create or maintain records related to the removal of cloth duct insulation.

 

13.  It is found that no records responsive to the complainant’s request exist.

 

14.   Consequently, it is concluded that the respondent did not violate the disclosure provisions of §§1-210(a) and 1-212(a), G.S.

 

15.   With respect to the complainant’s allegation that the respondent failed to respond to her request within four business days, §1-206(a), G.S., provides in relevant part, that “any denial of the right to inspect or copy records provided under section 1-210 shall be made to the person requesting such right . . . in writing, within four business days.”

 

16.   It is found that the complainant was not denied her right to inspect or copy the requested records and it is therefore concluded that §1-206(a), G.S., is not applicable in this case.

 

17.   It is found that the respondent does maintain records containing information related to the removal and replacement of the flex duct connectors in the rooms and hallways referenced in the DPH report, described in paragraph 8, above. 

 

18.   At the hearing on this matter, the complainant argued that the respondent should have provided her with the records described in paragraph 17, above, in response to her request.

 

19.   It is found, however, that records concerning flex duct connectors are not within the scope of the complainant’s March 10, 2006 request and that the respondent’s failure to provide such records did not violate the FOI Act.

 

20.  The complainant’s request for the imposition of a civil penalty is hereby denied.

 

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 regular meeting of August 9, 2006.

 

________________________________

Petrea A. Jones

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:

 

Kerry Brooks Swift

25 Pocono Ridge Road

Brookfield, CT 06804

 

John A. Goetz, Superintendent of Schools,

Brookfield Public Schools

c/o Susan L. Scott, Esq.

Sullivan, Schoen, Campane & Connon

646 Prospect Avenue

Hartford, CT 06105-4286

 

 

__________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2006-125FD/paj/8/16/2006