FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Elizabeth Allen,

 

                        Complainant

 

            against              Docket #FIC 94-45

 

Charles F. Sweetman, Superintendent, Regional School

District No. 17; and Gary J. Shettle, Director of

Finance and Operations, Regional School District No. 17,

 

                        Respondents                 February 2, 1995

 

            The above-captioned matter was heard as a contested case on August 1 and 15, 1994, at which times the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with Docket #FIC 94-59, Lawrence G. Stankus and Haddam Taxpayer's Association, Inc. against Charles F. Sweetman, Superintendent of Schools, Regional School District No. 17; Robert A. Norton, Jr., Chairman, Regional School District 17 Board of Education; and Gary Shettle, Director of Finance and Operations, Regional School District No. 17; and Docket #FIC 94-72, Walter Z. Czaja, Jr. and Haddam Taxpayer's Association, Inc. against Charles F. Sweetman, Superintendent, Regional School District No. 17; Robert A. Norton, Jr., Chairman,Regional School District No. 17 Board of Education and Gary J. Shettle, Director of Finance and Operations, Regional School District No. 17.

 

            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 of complaint filed February 15, 1994, the complainant appealed to the Commission, alleging that her January 21, 1994 written request for documents concerning the respondent Shettle's insurance policy had been denied, and requesting that the Commission impose a civil penalty.

 

            3.         By another letter of complaint also filed February 15, 1994, the complainant additionally alleged that her requests to review the respondent Sweetman's insurance file and budget/referendum documents were denied on January 21 and February 4, 1994.

 

Docket #FIC 94-45                             Page 2

 

            4.         It is found that the allegations contained in the letter of complaint described in paragraph 3, above, insofar as they concern the respondent Sweetman's insurance file, have been fully addressed in docket #FIC 94-31, Michael Board and Killingworth Taxpayer's Association v. Robert Norton, Chairman, Regional School District No. 17; and Charles F. Sweetman, Superintendent, Regional School District No. 17, and the Commission in its discretion declines to revisit the issues therein decided.

 

            5.         It is found that the complainant on January 21, 1994 visited the offices of the respondents and asked to inspect any documents relating to the respondent Shettle's life insurance policy.

 

            6.         It is found that the requested documents are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

            7.         It is found that the respondents made no records available for the complainant's inspection, but instead made copies available on January 31, 1994.

 

            8.         It is concluded that the respondents violated 1-19(a), G.S., by denying the complainant's request to inspect public records.

 

            9.         The complainant maintains that the copies of records provided to her are incomplete.

 

            10.       It is found, however, that the copies of records provided to the complainant are copies of all the records that are reasonably responsive to her January 21, 1994 request.

 

            11.       With respect to the complainant's request to inspect budget/referendum documents, it is found that the respondents failed to make the requested documents available for inspection.

 

            12.       It is found that the requested documents are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

            13.       The respondents maintain that the complainant failed to specify what documents she wanted to inspect, and that therefore the respondents should not be obligated to make available cartons of documents that are stored in various locations.

 

            14.       The complainant in turn maintains that since the respondents have no index to the records, she is unable to identify precisely which documents she wishes to inspect without searching through the records herself.

 

Docket #FIC 94-45                             Page 3

 

            15.       It is found under the circumstances of this case that it is not reasonable to require the complainant to identify precisely which documents she wishes to inspect.

 

            16.       It is therefore concluded that the respondents violated 1-19(a), G.S., by failing to promply comply with the complainant's request to inspect public records.

 

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

 

            1.         Henceforth the respondents shall strictly comply with the requirements of 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 25, 1995.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

Docket #FIC 94-45                             Page 4

 

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:

ELIZABETH ALLEN

330 Walkley Hill Road

Haddam, CT 06438

 

CHARLES F. SWEETMAN, SUPERINTENDENT, REGIONAL SCHOOL DISTRICT NO. 17; AND GARY J. SHETTLE, DIRECTOR OF FINANCE AND OPERATIONS, REGIONAL SCHOOL DISTRICT NO. 17

c/o Donald W. Strickland, Esq.

Siegel, O'Connor, Schiff, Zangari & Kainen, P.C.

370 Asylum Street

Hartford, CT 06103

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission