FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on June 17, 2008, 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 public agency within the meaning of §1-200(1), G.S.

 

2.  It is found that, by letter dated January 11, 2008, the complainant requested that the respondent provide him with a copy of “any and all files that are available to me under the Freedom of Information Act (“FOI Act”) regarding the following individuals: Mike Grady, Jack Longo, [and] John Dilorio.” 

 

3.  It is found that, by letter dated January 22, 2008, the respondent acknowledged the complainant’s request for records, but asked that the complainant “be more specific about the information [she] was requesting” in order to facilitate the processing of the request. 

 

4.  By letter of complaint dated and filed February 14, 2008, the complainant appealed to the Commission, alleging that the respondent violated the FOI Act by not complying with her request for records.  The complainant’s appeal to the Commission further stated that she wanted to obtain “any and all information regarding the incident that took place with my daughter and her softball coach within the South Windsor School System.”

 

 

5.  Section 1-200(5), G.S., provides:

 

“Public records or files” means any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

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

 

7.  Section 1-212(a)(1), 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.  At the hearing on this matter, the complainant testified that this was her third request for information.  Specifically, it is found that, on December 7, 2007, the complainant sent a request for records to the respondent seeking “any reports concerning any reprimand or misconduct in regards to:  Mike Grady, Jack Longo [or] John Dilorio.”  It is found that, on December 10, 2007, the respondent replied to the request, stating that his “files do not contain any information which meets the criteria” that the complainant is requesting.  Similarly, it is found that, on December 14, 2007, the complainant reiterated her December 7, 2007 request for records.  It is further found that, in reply to this request, the respondent reiterated that he had no such records in his possession. 

            9.  It is found that, on May 1, 2008, the respondent provided the complainant with a copy of a three-page memorandum, dated November 26, 2007, which concerned Coach Michael Grady and the complainant’s daughter.  It is further found that this memorandum, which was prepared for the respondent by his assistant superintendent, was responsive to the complainant’s request for records, referenced in paragraph 2, above. 

 

10. It is further found that the respondent waited more than three months from the date of the complainant’s request for records until the time he provided the complainant with a copy of the memorandum referenced in paragraph 9, above. 

 

11. It is found that, while the respondent did not intentionally withhold the memorandum referenced in paragraph 9, above, from the complainant, he violated §§1-210(a) and 1-212(a), G.S., by failing to provide the complainant with a copy of the memorandum promptly.

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

1.  Henceforth, the respondent shall strictly comply with the promptness requirements of §§1-210(a) and 1-212(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 13, 2008.

 

 

____________________________

S. Wilson

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:

 

Susan Belanger 

71 Chapel Road

South Windsor, CT 06074

 

Superintendent of Schools,

South Windsor Public Schools

c/o Paul M. Shapiro, Esq.

Shipman & Goodwin, LLP

One Constitution Plaza

Hartford, CT 06103-1919

 

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-101FD/sw/8/19/2008