FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on October 25, 2007, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. For purposes of hearing, this matter was consolidated with Docket #FIC 2007-309, Halina Trelski v. Board of Education, Middletown Public Schools.

 

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)(A), G.S.

 

2.      By letter of complaint filed April 11, 2007, the complainant appealed to this Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying her February 26, 2007 request for public records.

 

3.      It is found that, by letter dated February 26, 2007 the complainant made a written request for certified copies of:

 

a.       Regulation 1312 as approved and recorded March 21, 1995;

b.      Documents containing current administration procedures for handling complaints;

c.       Documents containing current Board of Education procedures for handling complaints;

d.      The page http://www.middletownschools.org/page.cfm?p=573 [the school programs page of the Commodore Macdonough Elementary School];

e.       The page http://www.middletownschools.org/page.cfm?p=843&period=month&calview=grid&month=12&year=2006 [the Board of Education meeting calendar]; and

f.        Documents containing information that the Board of Education or its designees granted permission to Wesleyan University to use Middletown Public Schools facilities in school years 2004-05, 2005-06, 2006-07 to hold Prospect Project or for any other purpose.

 

4.      Section 1-200(5) G.S., defines “public records or files” as:

 

Any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by a public agency, … whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

5.   Section 1-210(a), G.S., provides in relevant part that: 

 

Except 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.

 

6.      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.”

 

7.      It is found that the requested records, to the extent they exist, are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

 

8.      It is found that the complaint in this case reflects an ongoing attempt by the complainant, since January of 2007, to obtain certain records, and an ongoing set of responses by the respondent.  Many of these requests and responses have been completely addressed in other contested cases decided by the Commission.

 

9.      It is found that the portion of the complainant’s request described in paragraph 3a above was fully addressed by the Commission’s final decision in docket #FIC 2007-097, Trelski v. Middletown Board of Education.

 

10.   It is found that the portion of the complainant’s request described in paragraphs 3b and 3c above were fully addressed by the Commission’s final decision in docket #FIC 2007-118, Trelski v. Middletown Board of Education.

 

11.   It is found that the respondent provided the records described in paragraphs 3d and 3e, above, but did not certify the copies. 

 

12.   It is concluded that the respondent violated §1-212(a), G.S.,  by failing to provide certified copies of the records described in paragraphs 3d and 3e, above.

 

13.   It is found that the portion of the complainant’s request described in paragraph 3f, above, was fully addressed by the Commission’s final decision in docket #FIC 2007-118, Trelski v. Middletown.

 

 

The following order is hereby recommended on the basis of the record in the above-captioned complaint:

 

1.      The respondent shall forthwith provide the complainant certified copies of the records described in paragraph 3d and 3e of the findings, above.

 

2.      The remainder of the complaint is dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 26, 2008.

 

________________________________

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:

 

Halina Trelski

49 Summer Hill Road

Middletown, CT 06457

           

Board of Education,

Middletown Public Schools

c/o Thomas B. Mooney, Esq.

Shipman & Goodwin, LLP

One Constitution Plaza

Hartford, CT 06103-1919

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-217FD/paj/3/28/2008