FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Timothy J. Coville,

Complainant

against Docket #FIC 1996-211

Superintendent of Schools, New Milford

Public Schools,

Respondent December 18, 1996

The above-captioned matter was heard as a contested case on October 3, 1996, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of §1-18a(a), G.S.

2. By letter dated April 28, 1996, the complainant requested that the respondent provide him with copies of the schedule of all classes in the New Milford system that have 25% or more of their population in special education programs for the school years 1994-1995, 1995-1996 and 1996-1997.

3. By letter dated May 17, 1996, the respondent advised the complainant that no records exist responsive to his request; however, the respondent offered information concerning what is characterized as “self-contained” special education programs.

4. Also by letter dated May 17, 1996, and filed with the Commission on May 22, 1996, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying him access to the requested records.

5. With respect to the allegation contained in paragraph 4, above, the

complainant contends that the computer program utilized by the New Milford public school system enables the respondent to create the record he seeks.

6. It is found that at the time of the complainant’s request and the hearing in this matter, even the raw data with which the respondent could theoretically create the record the complainant seeks had not been entered into the New Milford school system’s computer.

7. It is found that the record sought by the complainant does not exist.

8. It is further found that nothing in the FOI Act requires a public agency to create records nor can the Commission order the disclosure of records that do not exist.

9. It is concluded that the respondent did not violate the provisions of the FOI Act under the facts of this case.

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

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:

Timothy J. Coville

127 Mountain View Drive

New Milford, CT 06776

Superintendent of Schools, New Milford Public Schools

c/o Lawrence J. Campane, Esq.

646 Prospect Avenue

Hartford, CT 06105-2141

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

FIC1996-211/FD/eal/122096