FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Robert Parisi,
Complainant,
against Docket
#FIC 88‑277
Superintendent of Schools of
the Wallingford Board of Education and Wallingford Board of Education,
Respondents December
14, 1988
The above‑captioned matter was heard as a contested
case on August 29, 1988, 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:
1. The
respondents are public agencies within the meaning of §1‑18a(a), G.S.
2. By letter
dated July 6, 1988, the complainant requested the respondent superintendent
provide him with copies of:
a. the offer made by Hewlett Packard
("HP") and/or Pertaine Systems, Inc. ("PSI") to the
respondent board for HP3000 Model XE hardware and software;
b. any purchase and/or lease agreements offered
or entered between HP and/or PSI and the respondent board;
c. any cancellation of purchase and/or lease
agreements between HP, PSI and the respondent board;
d. the line item costs for the hardware and
software for which the respondent superintendent requested a "waiver of
bid process" in a letter dated May 3, 1988, to Mr. William W. Dickenson,
Jr.;
e. the bid specifications for the purchase of
hardware and software designed to replace the HP and PSI equipment leased on or
about January 1, 1988;
f. HP's response to bid #87.212, with line item
descriptions, pricing and the method of payment.
Docket #FIC 88‑277 Page
Two
3. By letter
dated July 7, 1988, and filed with the Commission July 11, 1988, the
complainant appealed to the Commission, alleging the denial of his request.
4. The
respondents claim that the records described in paragraphs 2a, b, c and e,
above, do not exist, and that the town purchasing agent has the records
described in paragraphs 2d and f, above, not the respondents.
5. It is found
that the respondents answered the complainant's letter of July 6, 1988 in a
timely manner.
6. It is found
that in January 1988 the respondent board's business manager signed certain
agreements with HP and PSI.
7. It is found
that shortly after the Wallingford town council denied the respondents' request
for a bid waiver at its meeting of May 24, 1988, the respondents disposed of
the agreements and all related documents.
8. It is
concluded, therefore, that at the time of the complainant's request the
respondents did not have any records meeting the descriptions in paragraphs 2a
and b, above.
9. It is found
that on May 25, 1988, the respondent superintendent telephoned HP and PSI to
inform them that only he had the authority to enter into contracts for the
respondent board and that any contracts he did not sign were null and void.
10. It is found
that on July 7, 1988, the respondent superintendent sent letters to HP and PSI,
confirming that only he had authority to sign contracts.
11. The
respondent superintendent claims that since he never signed an agreement in
January 1988, no purchase or lease agreements with that date ever existed, and
hence no cancellation of any agreement ever existed.
12. It is found
that the letters described in paragraph 9, above, are not written cancellation
of any contracts, and that, indeed, no records such as those described in
paragraph 2c, above, existed at the time of the complainant's request.
13. It is found
that copies of the records described in paragraph 2d, above, were provided by
the respondents for the town council at its meeting of May 24, 1988, and that
the respondents disposed of their copies after the meeting.
Docket # FIC 88‑277 Page
Three
14. It is found
that the respondents did not have the records described in paragraphs 2d and f,
above, at the time of the complainant's request, and that the town purchasing
agent maintains these records.
15. The
respondents claim that, since no equipment was leased in January 1988, no
records such as those described in paragraph 2e, above, exist.
16. It is found
that the respondents leased no equipment in January 1988 and that in May 1988
they were not replacing anything leased in January 1988, but rather they were
still going through the process of procuring equipment.
17. It is found
that the respondents provided the town council with copies of bid
specifications for hardware and software at its May 24, 1988 meeting, but that
these were not designed to replace anything leased in January 1988.
18. It is
concluded, therefore, that the respondents never had any records such as those
described in paragraph 2e, above.
19. Thus it is
concluded that the respondents did not violate any provisions of the Freedom of
Information Act with respect to the requested records.
20. It is also
found that the respondents reasonably believed that the complainant, who is a
member of the town council, already had copies of the records described in
paragraphs 2d and 17.
The following order by the Commission is hereby
recommended based on the record in the above‑captioned complaint:
1. The complaint
is hereby dismissed.
2. The Commission
urges the respondents to contact the State Records Administrator to better
inform themselves about the requirements of the records retention statutes and
schedules.
Approved by order of the Freedom of Information
Commission at its special meeting of December 14, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission