FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Christopher Hoffman and Norwich Bulletin,
Complainants
against Docket #FIC 92-31
Morton Sherman, Superintendent/Principal, Norwich Free Academy, Arthur Estes, Treasurer, NorwichFree Academy and Board of Trustees, Norwich Free Academy,
Respondents August 26, 1992
The above-captioned matter was heard as a contested case on August 10, 1992, at which time the complainants and the respondents appeared 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. By letter dated January 2, 1992, the complainants requested of the respondents a line-item breakdown of administrative costs from the respondents' 1992-93 budget including administrative salaries and benefits, which costs totaled $1,036,268.00 in their preliminary budget released on January 7, 1992 and which totaled $921,586.00 in their approved budget released January 14, 1992.
3. The complainants repeated their requests to the respondents on January 8, 10 and 14, at which times they were informed that the requested information would be forthcoming.
4. On January 16, the complainants were denied the breakdown from the 1992-93 budget on the basis that the respondents had not yet decided which administrative and staff positions would survive budget cuts.
5. By letter of complaint filed with this Commission on January 23, 1992, the complainants alleged that the respondents violated the provisions of 1-19(a), G.S., and requested the imposition of civil penalties.
Docket #FIC 92-31 Page 2
6. It is found that the administrative breakdown including salary and position information was completely available on the respondents' computer data-base by January 15, 1992, which information was used to arrive at a final budget figure by the respondents.
7. It is also found that the respondents finally supplied the requested information to the complainants during the first week in March, 1992 on printout bearing the date of February 10, 1992.
8. At the hearing, the respondents claimed that they had eliminated two administrative positions "on paper" for purposes of arriving at a budget figure only. They claimed they did not want to release this budget breakdown information, however, for fear of unnecessarily alarming the individuals whose salaries were subtracted from the budget since those positions had not in fact been eliminated.
9. It is found that the final decision concerning which administrative positions to eliminate from the 1992-93 session was not actually made until the end of July, 1992.
10. It is concluded that the respondents violated the provisions of 1-19(a), G.S., by failing to promptly provide the complainants with the records they requested in January, 1992.
11. The Commission in its discretion declines to impose civil penalties 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 respondents shall henceforth strictly comply with the provisions of 1-19(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 26, 1992.
Debra L. Rembowski
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:
Christopher Hoffman and Norwich Bulletin
c/o Norwich Bulletin
66 Franklin Street
Norwich, CT 06360
Morton Sherman, Superintendent/Principal, Norwich Free Academy, Arthur Estes, Treasurer, Norwich Free Academy and Board of Trustees, Norwich Free Academy
c/o Donald W. Strickland, Esq.
Siegel, O'Connor, Schiff
370 Asylum Street
Hartford, CT 06105
Debra L. Rembowski
Acting Clerk of the Commission