FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a
Complaint by FINAL
DECISION
Michael E. Board, Marie Amato and
Killingworth Taxpayers Association,
Complainants
against Docket
#FIC 1996-202
Charles F. Sweetman, Superintendent
of Schools, Regional School District
#17 and Gary Shettle, Finance Director,
Regional School District #17,
Respondents December
18, 1996
The
above-captioned matter was heard as a contested case on October 11, 1996, at
which time the complainants 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 dated April 24,
1996 the complainants requested that the respondent superintendent allow them
to use their copier at the respondents’ office to make copies of public
records.
3. It is found that by letter dated April 25,
1996 the respondent superintendent denied the request, but offered to make and
provide copies upon request, at a cost of $.25 per page.
4. By letter of complaint dated May 20, 1996 and
filed with the Commission on May 23, 1996, the complainants alleged that the
respondents violated the Freedom of Information (“FOI”) Act by forbidding them
to use their copier at the respondents’ Central Office to make copies of
records.
5. It is found that at all times pertinent to
this appeal, the respondents have provided the complainants with copies of
records requested at a cost of $.25 per page in accordance with the provisions
of §1-15(a),
G.S.
Docket
#FIC 1996-202 Page
2
6. Consequently, the sole issue in this appeal
is whether the respondents’ denial of the complainants’ request to use their
own copier violates the FOI Act.
7. Section 1-19(a), G.S., provides in relevant
part:
…every person shall
have the right to inspect … [public] records promptly during regular office or
business hours or to receive a copy of such records in accordance with the
provisions of section 1-15. Any agency
rule or regulation, or part thereof, that conflicts with the provisions of this
subsection or diminishes or curtails in any way the rights granted by this
subsection shall be void.
8. Section 1-15(a), G.S., provides in relevant
part:
Any
person applying in writing shall receive, promptly upon request, a plain or
certified copy of any public record.
9. The complainants contend that by denying
them the use of their copier the respondents are diminishing or curtailing
their rights granted pursuant to §1-19(a),
G.S.
10. Although nothing in §§1-15(a)
and 1-19(a), G.S., prohibits a public agency from permitting a requester to use
the requester’s copier in complying with the copy provisions of those
subsections, it is concluded that nothing in those subsections mandates the use
of the requesters’ copier.
11. It is therefore, concluded that the
respondents did not violate §§1-15(a)
and 1-19, G.S., when they denied the complainants’ request to use their copier
to make copies of records.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The complaint is hereby dismissed.
Approved by Order of the Freedom of Information
Commission at its regular meeting of December 18, 1996.
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission
Docket # FIC 1996-202 Page
3
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:
Michael E. Board, Marie Amato and Killingworth
Taxpayers Association
c/o
Elizabeth Allen, Advocate
330 Walkley Hill Road
Haddam, CT 06438
Charles F. Sweetman, Superintendent of Schools,
Regional School District #17
and Gary Shettle, Finance Director, Regional
School District #17
c/o Kevin M. McGlinchey, Esq.
Shipman & Goodwin
One American Row
Hartford, CT
06103
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission
FIC1996-202/FD/eal/122096