FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Philip W. Evans,

 

                                Complainant

 

                against                   Docket #FIC 94-186

 

Regional School District No. 17 Board of Education,

 

                                Respondent                          March 22, 1995

 

                The above-captioned matter was heard as a contested case on January 19, 1995, at which time the complainant 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 dated May 4, 1994, the complainant requested "a copy of Collateral Assignment, Guardian Split Dollar Policy #325 2995 signed [sic] by Richard C. Farri [sic] Guardian Life Agent and Charles F. Sweetman signed 27 June 1991" (hereinafter "collateral assignment").  The complainant stated that he wanted the complete "paper trail" relative to the collateral assignment, including the date it was filed in the permanent records of the respondent, the respondent's action indicating its receipt, minutes of any meeting authorizing payment of moneys in connection with the collateral assignment and any reference to such payment in future budget years.

 

                3.  By letter dated May 13, the respondent informed the complainant that the records responsive to the complainant's request would be available for the complainant's inspection any time on or after May 19, 1994.

 

                4.  On May 19, 1994, the complainant visited the offices of the respondent, met with the respondent's director of finance and operations and inspected certain records proffered by the respondent as responsive to his request but was not satisified that there had been full compliance therewith.

 

Docket #FIC 94-186                                             Page 2

 

                5.  By letter dated June 2, 1994 and filed June 6, 1994, the complainant appealed to the Commission alleging that the respondent failed to comply fully with his May 4, 1994 request.

 

                6.  It is concluded that the records maintained by the respondent that are responsive to the complainant's request are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

                7.  It is found that the collateral assignment referred to by the complainant in his May 4, 1994 letter is an attendant  document to a vanishing premium life insurance policy provided to the respondent's superintendent of schools as a contractual fringe benefit of his employment and under which the respondent advances premium payments on the superintendent's behalf to a private insurance company.  Under the collateral assignment, the respondent's superintendent of schools agrees to transfer over to the respondent all amounts advanced by the respondent for the payment of premiums upon the superintendent's death, resignation or departure.

 

                8.  It is found that during his meeting with the respondent's director of finance and operations the complainant inspected a copy of the collateral assignment referred to in paragraph 7, above, but was dissatisified because he wanted to inspect the original document. 

 

                9.  The only issue at the hearing on this matter and therefore the only issue to be determined by the Commission is whether the respondent is required to provide the complainant with access to the original collateral assignment.

 

                10.  It is found that at the time the complainant filed his complaint with the Commission, he believed that the respondent's director of finance and operations had refused access to the original collateral assignment, claiming that it was in a file that was "not available" to him.  However, it is further found that the respondent's director of finance and operations was actually referring to the original life insurance policy, which is in the superintendent's personnel file, not the collateral assignment, when he indicated to the complainant that it was in a file that was not available to him.

 

                11.  It is found that the respondent does not maintain the original collateral assignment nor is the original in the possession of the respondent's superintendent of schools. 

 

                12.  Consequently, it is concluded that the respondent, having provided the complainant with access to a copy of the collateral assignment, complied with the complainant's request and did not violate the FOI Act under the facts of this case.

 

Docket #FIC 94-186                                             Page 3

 

                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 March 22, 1995.

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission

 

Docket #FIC 94-186                                             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:

PHILIP W. EVANS

25 Bar Gate Trail

Killingworth, CT 06419-1372

 

REGIONAL SCHOOL DISTRICT NO. 17 BOARD OF EDUCATION

c/o Donald W. Strickland, Esq.

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

370 Asylum Street

Hartford, CT 06103

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission