FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Philip Evans,

 

                        Complainant

 

            against                                                                          Docket #FIC 1996-160

 

Superintendent of Schools, Regional

School District #17; Chairman, Board

of Education, Regional School District

#17; and Director of Finance &

Operations, Regional School District #17

 

                        Respondents                                                     November 20, 1996

 

The above-captioned matter was heard as a contested case on September 27, 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 §1-18a(a), G.S.

 

2.  It is found that by letter April 29, 1996, the complainant requested that the respondents provide him with access to inspect and copy various records, specifically,

 

a.  Robinson and Cole bill for September 1, 1995 through October 31, 1995 pertaining to the consent order between Charles Sweetman and the State Elections Enforcement Commission (“consent agreement”);

 

b.  all legal bills from Robinson and Cole for legal services for the period May 1995 through November 1995,

 

c.  check in payment of Robinson and Cole bills for all periods after August 31, 1995;

 

 

Docket #FIC 1996-160                                                                                               Page 2

 

d.  check register for month of payment of Robinson and Cole bills;

 

e.  treasurer’s report month of payment of Robinson and Cole bills;

 

f.  minutes of the board of education meeting at which Robinson and Cole bills were discussed;

 

g.  minutes of the board of education in which it was reported to the board and/ or discussed that the respondent superintendent had signed the consent agreement;

 

h.  bills from any other attorney other than Robinson and Cole pertaining to allegations of violation of the State Elections Enforcement statutes for the period May 15, 1995 through December, 1995.

 

3.  It is found that the respondent superintendent, by letter dated May 2, 1996, acknowledged receipt of the complainant’s request and offered to provide him with access to inspect and to copy “all available and appropriate material”.

 

4.  By letter dated May 5, 1996 and filed on May 6, 1996, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act.

 

5.  At the hearing into this matter, the complainant explained that while he concedes that the respondents provided him with records responsive to his request, he believes that the respondent superintendent’s May 2, 1996 response that all “available” and “appropriate” material to meet his request would be provided violates the FOI Act, specifically, that the FOI Act does not give the respondent superintendent the authority to determine what records are “available” and “appropriate”.

 

6.  It is found that the respondent superintendent’s May 2, 1996 response that all “available” and “appropriate” material to meet the complainant’s request would be provided does not violate any provisions of the FOI Act.

 

7.  It is also found that the respondents provided the complainant with all records responsive to his request.

 

8.  It is therefore concluded that the respondents did not violate any of the provisions of the FOI Act.

 

Docket #FIC 1996-160                                                                                               Page 3

 

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.

 

2.  In the context of this case, the words “available” and “appropriate” are not to    be construed as a limitation upon what has been requested by the complainant.

 

 

 

Approved by Order of the Freedom of Information Commission at its special meeting of November 20, 1996.

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

Acting Clerk of the Commission

Docket # FIC 1996-160                                                                                              Page 4

 

 

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:

 

Capt. Philip Evans

25 Bar Gate Trail

Killingworth, CT 06419

 

 

Superintendent of Schools, Regional School District #17; Chairman, Board of Education, Regional School District #17; and Director of Finance & Operations, Regional School District #17

c/o  Karen H. Simmonds, Esq.

Kevin McGlinchey, Esq.

Shipman & Goodwin

One American Row

Hartford, CT  06103-2819

 

 

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

FIC 1996-160/FD/eal/120496