FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Lorraine Tirella,

Complainant

against Docket #FIC 94-427

Oxford Board of Education,

Respondent March 8, 1995

The above-captioned matter was heard as a contested case on January 3, 1995, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing with contested cases docket numbers FIC 94-339 and FIC 94-438.

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 of complaint filed with this Commission on December 9, 1994, the complainant alleged that the respondent denied her access to public records in violation of the provisions of the Freedom of Information ("FOI") Act.

3. It is found that on December 6, 1994, the complainant requested of the respondent access to records of its out-of-district educational fees. She did not seek any names or other personally identifying information about any possible handicapped children.

4. It is also found that on December 6, 1994, the complainant asked for access to attorney's bills for October and November, 1994.

5. The records identified in paragraphs 3 and 4, above, are public records within the meaning of 1-18a(d), G.S.

6. It is found that the complainant was told she could only have copies of the requested records for which she must pay.

7. The respondent claims that in cases where some information may be redacted prior to the disclosure of requested records, they can require those seeking access to pay for copies that are made by the respondent with appropriate redactions.

Docket #FIC 94-427 Page 2

8. It is concluded that by imposing the requirement of payment for copies of public records upon the complainant pursuant to 1-15(a), G.S., when the complainant merely seeks access to public records pursuant to 1-19(a), G.S., the respondent has violated the provisions of 1-19(a), G.S.

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

1. Henceforth the respondent shall strictly comply with the disclosure provisions of 1-19(a), G.S.

2. This Commission suggests to the respondent that unfettered access to public information sought in the instant case can be accomplished not only by the respondent making and keeping on hand properly redacted copies, but also by implementing a non-personally identifying coding system so as not to disclose the names or addresses of individuals whose identity may be kept confidential.

Approved by Order of the Freedom of Information Commission at its regular meeting of March 8, 1995.

Debra L. Rembowski

Clerk of the Commission

Docket #FIC 94-427 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:

LORRAINE TIRELLA

11 Larkey Road

Oxford, CT 06478

OXFORD BOARD OF EDUCATION

c/o Donald F. Houston, Esq.

Durant, Nichols, Houston, Mitchell & Sheahan, P.C.

1000 Lafayette Boulevard

P.O. Box 351

Bridgeport, CT 06601-0351

Debra L. Rembowski

Clerk of the Commission