FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a
Complaint by FINAL
DECISION
Jonathan T. Childress,
Complainant
against Docket
#FIC 1997-058
Principal, Richard J. Kinsella Community
School, Hartford Public Schools
Respondent September
24, 1997
The
above-captioned matter was heard as a contested case on July 21, 1997, 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. It is found that by letters dated December
13 and 30, 1996, the complainant requested that the respondent provide him with
copies of financial records of the Richard J. Kinsella Community School and
Kinsella School Community Partnership for the period September 1, 1992 through
December 12, 1996, inclusive, (hereinafter “requested records”).
3. It is found that by memorandum dated January
7, 1997, the respondent acknowledged receipt of the requests described in
paragraph 2 of the findings, above, and indicated that the requested records
were being compiled and would be provided as soon as possible.
4. Having failed to receive the requested
records, the complainant appealed to the Commission by letter dated February 4,
1997 and filed on February 6, 1997.
5. It is found that the requested records are
public records within the meaning of §§1-18a(d)
and 1-19(a), G.S.
6. It is also found that the respondent
maintains some of the requested records, and others are maintained at the
central office of the Hartford Public Schools.
Docket #FIC 1997-058 Page 2
7. At the hearing on this matter, the
respondent conceded that she had not provided the complainant with the
requested records she maintains, and indicated that she would undertake to do
so within thirty days.
8. It is concluded that the respondent violated
§§1-15(a)
and 1-19(a), G.S., when she failed to provide the complainant with copies of
the requested records maintained and described in paragraph 6 of the findings,
above.
9. It is found that the violation, described in
paragraph 8 of the findings, above, appears to have been without reasonable
grounds.
10. Therefore, in accordance with the provisions
of §1-21i(b)(2),
G.S., it is concluded that a hearing to determine whether a civil penalty ought
to be imposed upon the respondent should be conducted.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. Forthwith, the respondent shall provide the
complainant with a copy of the requested records maintained at the Richard J.
Kinsella Community School, free of charge.
2. Forthwith, the Commission shall issue notice
to the parties and conduct a hearing on whether a civil penalty ought to be
imposed against the respondent.
Approved by Order of the Freedom of Information
Commission at its regular meeting of September 24, 1997.
_________________________
Doris V. Luetjen
Acting Clerk of the Commission
Docket #FIC1997-058 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:
Jonathan T. Childress
25 William Street
East Hartford, CT. 06108-2656
Principal, Richard J. Kinsella Community
School, Hartford Public Schools
c/o Ann F. Bird, Esq.
Office of Corporation Counsel
City of Hartford
550 Main Street
Hartford, CT.
06103
__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-058FD/mes/10031997