FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Daniel J. Filer,

 

            Complainant

 

            against                                                                          Docket #FIC 1997-108  

 

Dr. David Larson, Superintendent

of Schools, Middletown Public Schools,

 

            Respondent                                                                  January 14, 1998

 

 

            The above-captioned matter was heard as a contested case on October 9, 1997, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, this case was consolidated with Docket #FIC1997-107, Daniel J. Filer against Dr. David Larson, Superintendent of Schools, Middletown Public Schools.

 

            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(1), G.S. (prior to October 1, 1997, §1-18a(a), G.S.).

 

            2.   By letter dated June 20, 1996, the complainant requested that the respondent provide him with a copy of any and all bills submitted by Dr. Sherrill Werblood (Werblood) to the Middletown School District (District) as well as an explanation for the reason for her employment, the date she was hired, and the date that the District released her as a consultant. 

 

3.   By letter dated June 21, 1996, the respondent supplied the complainant with information, including copies of Werblood’s bills dated:

 2/10/96 (stamped received 2/20/96);

 3/10/96 (stamped received 3/13/96);

 3/30/96 (stamped received 4/03/96); and

 5/09/96 (stamped received 5/21/96).

 

 

4.   By letter dated August 26, 1996, the complainant requested that the respondent provide him with copies of all Werblood bills from May 1, 1996, to August 26, 1996.  Additionally, the complainant asked several questions of the respondent. 

5.   By letter dated August 27, 1996, the respondent informed the complainant that the Freedom of Information (FOI) Act does not require agencies to answer questions and provided him with invoices from Werblood’s office dated:

 5/09/96 (stamped received 5/21/96);

 7/04/96 (stamped received 7/08/96); and

 8/14/96 (stamped received 8/27/96). 

 

6.   It is found that the balance on the 5/09/96 bill was $2,280.00.  It is further found that the 7/04/96 bill states that the previous balance was $1,440.00.

 

7.   By letter dated February 26, 1997, the complainant requested that the respondent provide him with copies of any and all bills relating to the employment of  Werblood from January, 1996, to February 26, 1997.

 

            8.   By letter dated March 3, 1997, the respondent transmitted the requested bills, and stated that he was not in custody of a Werblood bill dated June, 1996.  The Werblood invoices were dated:

 2/10/96 (stamped received 2/20/96);

 3/10/96 (stamped received 3/13/96);

 3/30/96 (stamped received 4/03/96);

 5/09/96 (stamped received 5/21/96);

 7/04/96 (stamped received 7/08/96);

 8/14/96 (stamped received 8/27/96); and

 9/10/96 (stamped received an unintelligible date in September, 1996).

 

9.   It is found that the 9/10/96 bill included a notation that previous statements had been sent on “2/4/96, 3/10/96, 3/30/96, 3/30/96, 5/9/96, 6/1/96, 7/4/96, and 8/14/96.”  It is further found that the respondent also sent to the complainant a copy of a March 3, 1997, letter from Werblood, wherein she stated that the reason for the duplication of the 3/30/96 date and inclusion of the 6/1/96 date in the notation on the 9/10/96 bill was a fault of her computer billing system.   

 

            10.  By letter dated March 11, 1997, the complainant requested that the respondent supply him with: a copy of Werblood’s 6/1/96 bill, or a statement by Werblood covering her employment from 4/15/96 to 6/3/96; copies of Werblood’s canceled checks paid by the District; a copy of any letter, fax, or correspondence sent to Werblood regarding an explanation of her billing statements, dated in March, 1997; and a copy of Werblood’s entire account dated March 3, 1997.

 

            11.  By letter dated March 17, 1997, the respondent provided the complainant with a March 13, 1997, letter from Werblood regarding the June, 1996, invoice, wherein she stated that the District never received a copy of such bill.  Attached to such letter was a bill, dated 3/13/97, for May, 1996, services in the amount of $1080.00; such bill indicated that the current balance was $1,440.00.  It is found that such balance equates to the amount stated as the previous balance on the 07/04/96 bill. 

 

12.  By the letter dated March 17, 1997, the respondent also provided a comprehensive 3/03/97 Werblood invoice which included dates of services rendered and payments made from 1/10/96 to 10/02/96.  The invoice indicates that a payment of $1080.00 was made on 9/10/96.  Additionally, the respondent informed the complainant that he was not in custody of canceled checks; and that Werblood’s explanation of her billing statements was made by telephone.

 

13.  By letter dated March 26, 1997, and filed on March 31, 1997, the complainant appealed to the Commission alleging that the respondent violated the FOI Act by failing to provide him with a copy of the 6/1/96 bill in the respondent’s March 3, 1997, response.  The complainant requested that a civil penalty be imposed.

 

14.  It is found that the requested records are public records within the meaning of §§1-18a(5) (prior to October 1, 1997, §1-18a(d)) and 1-19(a), G.S.

 

            15.  The respondent contends that he was not in custody of a 6/1/96 bill or any other bill for services rendered by Werblood in the month of May, 1996, until such bill was received by the District on March 13, 1997, at which time he provided a copy of same to the complainant; therefore, respondent contends he did not violate the FOI Act. 

 
            16.  The complainant contends that the notation on the 9/10/96 invoice indicating that a bill was sent to the District on 6/1/96, as well as apparent payment and invoice inconsistencies related to the Werblood account are evidence that the respondent was in custody of a 6/1/96 bill prior to March 13, 1997.

            17.  It is found that the notation on the 9/10/96 bill is not reliable since that same notation contained two other errors, namely, a citation to a 2/04/96 bill which was actually dated 2/10/96, and two citations to the 3/30/96 bill.  Accordingly, the fact that the 9/10/96 notation indicates that a previous bill was sent to the District on 6/1/96 does not prove the complainant’s allegations in paragraph 16, above.   

 

            18.  It is further found that the $1080.00 payment made on 9/10/96 indicates that the respondent or his employee may have had knowledge of a charge for May, 1996, services rendered, since that amount equates to the amount ultimately charged for such services and to no other charge evidenced on the Werblood invoices. 

 

19.  It is further found, however, that such payment does not prove that the respondent was in custody of a June, 1996, bill at the time of complainant’s February 26, 1997 request, at the time of the respondent’s March 3, 1997, response, or at anytime prior to such dates.

 

20.  It is further found that, while there may be discrepancies in the Werblood billings and/or questions regarding the payment procedures of the District, there has been no showing that a June, 1996, bill ever existed. 

 

21.  Consequently, with respect to the allegations contained in paragraph 13, above, it is concluded that the respondent did not violate the FOI Act by failing to provide the complainant with such record on March 3, 1997.

 

            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 January 14, 1998.

 

 

 

 

 

_________________________

Doris V. Luetjen

Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

 

Daniel J. Filer

27 Magnolia Avenue

Middletown, CT 06457

 

Dr. David Larson, Superintendent

of Schools, Middletown Public Schools

c/o Anne H. Littlefield

Shipman and Goodwin

One American Row

Hartford, CT 06103

 

 

 

 

 

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

 

 

 

 

 

 

FIC1997-108/FD/tcg/01201997