FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Bette M. Blaze and Shelton Taxpayers Association,
Complainants
against Docket #FIC 92-336
Superintendent, Shelton Public Schools,
Respondent June 23, 1993
The above-captioned matter was heard as a contested case on April 15, 1993, at which time the complainants 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 filed with this Commission on October 27, 1992, the complainants alleged that the respondent failed to provide them with copies of public records in violation of the provisions of the FOI Act.
3. It is found that on October 15, 1992, the complainants requested in writing a current list of all salaries of teachers, personnel and administrators, including those in stipend positions. They also asked for information concerning the education, qualifications and experience of eight named employees.
4. The records requested and identified in paragraph 3, above, are public records within the meaning of 1-18a(d), G.S.
5. It is found that the respondent received the complainants' request for public records on October 15, 1992, on which day the complainants personally delivered their written request to his desk.
6. It is also found that the respondent consulted with his counsel to confirm that he could release the education, qualifications and other experience of the eight named employees.
7. It is found that upon receiving the advice of counsel,
Docket #FIC 92-336 Page 2
the respondent immediately prepared the requested information, which records were prepared and available for the complainants at the respondent's offices on October 21, 1992, within four business days of the complainants' request.
7. The complainants claim that had they actually received a telephone call to inform them of the readiness of the documents, they would have retrieved them.
8. It is found that the respondent's secretary tried once to telephone the complainants about retrieving the records prepared for them, but the secretary reached neither the complainants nor a telephone answering machine.
9. It is found that the respondent and his secretary reasonably believed that although they did not persist in telephoning the complainants, they would appear personally to retrieve the records just as they personally had appeared to deliver their request.
10. It is concluded that under the facts of this case, the respondent is not in violation of any provision of the Freedom of Information Act.
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 June 23, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-336 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:
Bette M. Blaze and Shelton Taxpayers Association
P. O. Box 248
Shelton, CT 06484
Superintendent, Shelton Public Schools
c/o Fred J. Anthony, Esq.
P.O. Box 166
Shelton, CT 06484
Debra L. Rembowski
Acting Clerk of the Commission