FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on July 14, 2008, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

1.  The respondents are public agencies within the meaning of §1-200(1), G.S.

 

2.  It is found that prior to the request described in paragraph 3, below, the respondent chairman received copies of tapes of certain programs presented on the local cable access station related to the schools and students of the town of Winchester.  Also prior to the request described in paragraph 3, below, the respondent chairman gave the respondent superintendent some of the tapes from the cable access station.  The respondent superintendent kept and maintained such tapes at the respondent board’s offices.  Thereafter, the respondent chairman discarded the remaining tapes in her possession.

 

3.  It is found that, by letter dated December 28, 2007, the complainant requested that the respondents provide him with access to and a copy of “a TV show VHS tape from the Winchester Board of Education (WBOE) sponsored show ‘All Our Children First.’”  In such request, the complainant specifically requested a copy of the November 19 or 26, 2007 tape of such show (hereinafter “requested record”).

 

4.  It is also found that, by letter dated January 10, 2008, the respondents acknowledged the complainant’s request for the VHS tape and explained that the respondents had not received the complainant’s request until Monday January 7, 2008 because of the respondents’ vacation and personal schedules.

 

5.  It is found that, by letter dated February 4, 2008, the respondents stated that it did not believe that the tapes were a public record.  However, the respondents explained in such letter, that as a courtesy, they could “arrange for copies to be made of the videotapes that were located” at the respondent board’s offices.

 

6.  It is found that on March 12, 2008, the complainant attended a meeting of the respondent board.  It is also found that the complainant requested from the respondent board, a response to his request described in paragraph 3, above, during the public comment section of such meeting.  It is further found that at its March 12, 2008 meeting, the respondent board indicated that it had already mailed a response to the complainant. 

 

7.  However, it is found that, by letter dated March 20, 2008, the respondent superintendent explained to the complainant that his secretary “confirmed that there was no evidence” that a letter responding to the complainant’s request described in paragraph 3, above, had ever been sent.  The respondent superintendent apologized and indicated to the complainant that the oversight was not intentional.  The respondent superintendent further cited workload demands as a possible reason for the delay in his response.

 

8.  By letter dated March 24, 2008 and filed on March 26, 2008, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to respond to his December 28, 2007 request for copies of a video tape in a timely manner.  The complainant requested the imposition of a civil penalty against the respondents and that the respondents are required to attend FOI training.

 

9.  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.

 

10.  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 the provisions of section 1-212.  [Emphasis added.]

 

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

 

12.  It is found that prior to the hearing in this matter the respondents provided the complainant with access to and copies of other VHS tape recordings of “All Our Children First,” that were maintained and kept at the respondent board’s offices.  However, it is further found that the respondents do not maintain or keep on file any VHS recordings responsive to the complainant’s request described in paragraph 3, above.

 

13.  It is concluded that since the respondents did not maintain or keep on file a responsive record as of the time of the complainant’s request, there was no record to provide to the complainant, and therefore the respondents did not violate §1-210(a), G.S., when they failed to provide him with the requested record.

 

 

 

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

 

1.  The complaint is dismissed.

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting

of December 10, 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:

 

Russell Buchner

337 East Wakefield Blvd.

Winsted, CT 06098

 

Blaise Salerno, Superintendent of Schools,

Winchester Public Schools; Rose Molinelli, Chairman,

Board of Education, Winchester Public Schools;

and Board of Education, Winchester Public Schools

c/o Mark J. Sommaruga, Esq.

Sullivan, Schoen, Campane & Connon, LLC

646 Prospect Avenue

Hartford, CT 06105

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-201FD/sw/12/15/2008