FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

  

The above-captioned matter was scheduled to be heard as a contested case on November 7, 2006 at 11:00 A.M., at which time the respondent appeared, but the complainant did not appear to prosecute the case.  By order of the Commission at its January 24, 2007 regular meeting, this matter was reopened, after which, notice was sent to all the parties, by certified mail.  Subsequently, the above-captioned matter was heard as a contested case on March 8, 2007, 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.  By letter dated and filed on August 18, 2006, the complainant appealed to this Commission, alleging that the respondent failed to comply with the Commission’s order in docket #FIC 2005-604, Joanne Avoletta v. Board of Education, Torrington Public Schools (hereinafter “Docket #FIC 2005-604”).

 

            3.  With respect to the complainant’s allegation, the Commission takes administrative notice of the record and final decision in Docket #FIC 2005-604, wherein the Commission ordered:

 

“1.  The respondent shall forthwith provide the complainant with a copy of IC# 2005-604-1 through IC# 2005-604-14, at no charge.”

 

 

            4.  It is found that, on July 17, 2006, the respondent provided the complainant with copies of most of the records ordered to be disclosed by the Commission in Docket #FIC 2005-604.

 

            5.  It is found that in August of 2006 the parties exchanged letters regarding the completeness of the records described in paragraph 4, above.

 

            6.  It is found that, as of the date of the hearing in this matter, the respondent had provided the complainant with copies of some of the requested records.

 

            7.  It is nevertheless concluded that the respondent violated the Commission's order in Docket #FIC 2005-604 when it failed to forthwith provide the complainant with a copy of all the requested records.

 

            8.  At the hearing in this matter, the respondent pledged to immediately provide the complainant with copies of all the records.

 

On the basis of the record concerning the above-captioned complaint, the following order is recommended by the Commission:

1.  The respondent shall forthwith provide the complainant with all the requested records, including but not limited to the “Torrington Middle School Conditions Found Report.”

Approved by Order of the Freedom of Information Commission at its regular meeting of April 25, 2007.

 

________________________________

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:

 

Joanne Avoletta

13 School Street

Torrington, CT 06790

 

Board of Education,

Torrington Public Schools

c/o Victor M. Muschell, Esq.

104 Church Street

Torrington, CT 06790-5286

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

 

FIC/2006-418FD/paj/4/30/2007