FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                Final Decision

 

Daniel J. Filer,

 

                        Complainant,

 

            against                                                                          Docket # FIC 1996-071

 

Superintendent of Schools, Middletown

Public Schools and Director of Pupil Personnel

and Special Education Services, Middletown

Public Schools,

 

                        Respondents,                                                    August 14, 1996

 

            The above-captioned matter was heard as a contested case on June 28, 1996, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of §18a(a), G.S.

 

2.         By letter of complaint dated and filed with the Commission on March 4, 1996, and supplemented by letter dated April 23, 1996 and filed with the Commission on April 25, 1996, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying him access to records of all costs associated with the employment of Dr. Sherrill Werblood, (hereinafter “bill” or “bills”).  The complainant requested that the Commission impose a civil penalty upon the respondents.

 

3.         It is found that by letters dated January 18 and February 22, 1996 the complainant requested that the respondent superintendent provide him with the bills.  Specifically, the complainant requested all costs pertaining to the employment of Werblood, including the date she was hired, all contract agreements, hourly rate, number of hours served and purpose of her employment.

 

4.         It is found that the respondent superintendent by letter dated January 22, 1996, and the respondent director by letter dated February 27, 1996, informed the complainant that no bills submitted by Werblood existed.

5.         It is found that as of the date of the hearing on this matter no records exist which are responsive to the complainant’s request which have not been provided to him by the respondents.

 

6.         It is found that the bills at issue are public records within the meaning of §1-18a(d), G.S.

 

7.         It is found that the respondent director received from Werblood a February 10, 1996 bill on February 20, 1996, and a March 10, 1996 bill on March 13, 1996.

 

8.         It is found that the respondent director’s February 27, 1996 denial, as described in paragraph 4, above, contained inaccurate information when she indicated to the complainant that no bills existed as of February 27, 1996.

 

9.         It is found that on February 28, 1996 the respondent director became aware that she had in her possession the February 10, 1996 bill.

 

10.       It is found that the respondent director did not provide the complainant with a copy of the February 10, 1996 bill until March 25, 1996.

 

11.       The respondent director contends that at the time of her receipt of the complainant’s February 22, 1996 letter, described in paragraph 3, above, no March 10, 1996 bill existed, and having not received a new request for bills from the complainant until June 20, 1996 she was not obligated to provide him with the March 10, 1996 bill until after receiving his June 20, 1996 request.

 

12.       It is found that the complainant and the respondent director had a discussion on March 19, 1996 at which time the respondent director indicated she would provide the complainant with the February 10, 1996 bill.

 

13.       It is also found that the respondent director on March 19, 1996 possessed the March 10, 1996 bill and provided the complainant with only the February 10, 1996 bill on March 25, 1996, even though she had recently spoken to the complainant on March 19, 1996, as described in paragraph 12, above.

 

14.       It is concluded that the respondent director violated §1-19(a), G.S., by failing to promptly provide the complainant with a copy of the February 10 and March 10, 1996 bills.

 

15.       It is found that the respondent director’s denial of access, as described in paragraph 14, above, was without reasonable grounds.

 

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

 

1.         The respondent director shall immediately remit to this Commission a civil penalty in the amount of $50.00.

 

2.         Henceforth, the respondent director shall strictly comply with the promptness requirement of § 1-19(a), G.S.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 14, 1996.

 

 

 

                                                               

                                                                Elizabeth A. Leifert

                                                                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:

 

Daniel J. Filer

27 Magnolia Avenue

Middletown, CT 06457

 

 

Superintendent of Schools, Middletown Public Schools and Director of Pupil Personnel and Special Education Services, Middletown Public Schools

c/o Christine L. Chinni, Esq.

Shipman and Goodwin

One American Row

Hartford, CT 06103

 

 

 

 

                                                                                    

                                                                                     Elizabeth A. Leifert

                                                                                     Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

FIC 1996-071,FD