FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Lorraine Tirella,

 

                                Complainant

 

                against                   Docket #FIC 94-438

 

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 94-427. 

 

                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 19, 1994, the complainant alleged that the respondent violated the provisions of the FOI Act by failing to provide to her copies of public records she had requested on December 6, 1994.

 

                3.  It is found that on December 6, 1994, the complainant requested copies of the respondent's attorney's bills for October and November, 1994 and records of a Southern New England Telephone ("SNET") reimbursement on a SNET bill to the respondent.

 

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

 

                5.  It is found that when the complainant appeared at the respondent's office on December 13, 1994 to retrieve the requested records, she was provided only with a copy of the October attorney's bill.  She was provided with the SNET reimbursement document later that evening at the respondent's board of education meeting.

 

                6.  The respondent claims that when the superintendent reviewed its November bill from the town attorney, he was

 

Docket #FIC 94-438                                             Page 2

 

displeased with a charge contained in it, and he returned it.  Accordingly, the respondent claims it no longer has the disputed bill to provide to the complainant.

 

                7.  The complainant claims that she has the right under the FOI Act to see the original bill, including the disputed charge.

 

                8.  It is concluded that the original November bill sent to and reviewed by the respondent does not become exempt as a public record as a result of the superintendent returning it to the billing attorney.

 

                9.  It is concluded that the respondent violated the provisions of 1-15(a), G.S., by failing to provide a copy of the original November, 1994 attorney bill requested by the complainant.

 

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

 

                1.  The respondent shall forthwith obtain from its attorney a copy of the original November bill that had been sent to the respondent.  The respondent shall then forward to the complainant a copy of this bill at no charge.

 

                2.  The respondent is advised to look into the records retention requirements of the state of Connecticut as administered by the state records administrator, Eunice DiBella, in Rocky Hill, Connecticut.

 

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 94-438                                             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