FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Brooke Pielli and The Farmington Valley Herald,

 

                        Complainants

 

            against              Docket #FIC 89-421

 

Granby Boards of Finance and Education,

 

                        Respondents                 July 11, 1990

 

            The above-captioned matter was heard as a contested case on March 22 and on May 10, 1990, at which times the complainants and the respondent Board of Education appeared and stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The town manager and former chairman of the Board of Finance also appeared to present testimony.

 

            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.  By letters dated October 16 and October 31, 1989, the complainants requested access to information relating to the transfer or request of transfer of $163,278.88 between the respondent boards, including an April 1987 letter from the chairperson of the Board of Finance to the Board of Education.

 

            3.  By letter filed with this Commission on November 13, 1989, the complainants appealed to this Commission alleging partial denial of their requests.

 

            4.  The respondent Board of Education claims that it has given the complainants access to all files it has pertaining to the complainants' requests.

 

            5.  The complainants claim that they were given access to page one only of a relevant termination agreement, but not to pages two and three of that agreement.

 

            6.  The complainants' also claim that in these difficult financial times during which budgets in general appear to be undergoing stricter scrutiny, they expected that more records relevant to their above-referenced requests would exist.

 

Docket #FIC 89-421                           Page 2

 

            7.  It is found that the respondent Board of Education erroneously provided the complainants with an incomplete copy of the termination agreement identified in paragraph 5, above.

            8.  It is concluded that the respondent Board of Education provided the complainants with all other documents in its possession pertaining to the complainants' requests.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.  The complaint against the respondent Board of Education is hereby dismissed.

 

            2.  The Commission, by way of a reminder, recommends to the Board of Education that measures be taken to ensure that oversights such as that described in paragraphs 5 and 7, above, be eliminated to avoid any appearance of impropriety as well as the inconvenience of reopened hearings for further inquiry, as occurred in this case.

 

            3.  The respondent Board of Finance shall forthwith provide the complainants with an affidavit stating that it has conducted a thorough search of its files, and that it does not have any further records requested by the complainants.

 

Approved by order of the Freedom of Information Commission at its regular meeting of July 11, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-421                           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:

BROOKE PIELLI AND THE FARMINGTON VALLEY HERALD

1522 Hopmeadow Street

P.O. Box 477

Simsbury, CT 06070

 

GRANBY BOARD OF EDUCATION

c/o Elizabeth A. Foley, Esq.

Sullivan, Lettick & Schoen

646 Propsect Avenue

Hartford, CT 06105

 

GRANBY BOARD OF FINANCE

15 North Granby Road

Granby, CT 06035

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission