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