FREEDOM OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Richard M. Rivera, | |||
Complainants | |||
against | Docket #FIC 1998-129 | ||
Torrington Board of
Education, Torrington Public Schools, |
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Respondents | August 26, 1998 |
The above-captioned matter was heard as a contested case on June 29, 1998, 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(1), G.S.
2. By letter dated April 8, 1998, the complainant requested that the respondent provide him with the resume and qualifications of specified individuals and the Equal employment opportunity agreement with the United States Government local and state agencys (sic).
3. By letter dated April 15, 1998, the respondent provided the complainant with a copy of its policy on affirmative action and informed him that it did not have equal employment opportunity agreements with the federal, state, or local governments.
4. It is found that, in response to the request described in paragraph 2, above, the respondent provided the complainant with the employment applications of the individuals specified by the complainant, and all attachments thereto.
5. By letter dated May 3, 1998, and filed on May 6, 1998, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information (FOI) Act by denying him copies of requested records.
6. Section 1-19(a), G.S., in relevant part states:
[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency shall be public records and every person shall have the right to receive a copy of such records
7. With respect to the allegation described in paragraph 5, above, the respondent contends that it provided the complainant with all records in its custody responsive to his request.
8. The complainant contends that he was not provided with a form 164 for each of the individuals specified in his request, as described in paragraph 2, above. However, it is found that a request for such forms cannot reasonably be read into the letter described in such paragraph.
9. The complainant further contends that his request for records conforming to form 164 was made to employees of the respondent at the time he retrieved the employment applications described in paragraph 4, above. However, it is found that any such oral request failed to clearly or reasonably indicate to such employees the specific records which the complainant sought.
10. Based upon the facts and circumstances of this case, it is concluded that the respondent did not violate §1-19(a), G.S., in responding to the request described in paragraph 2, above.
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.
2. The complainant is encouraged to more specifically describe requested records in the future.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 26, 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:
Richard M. Rivera 178 Washington Avenue Torrington, CT 06790
Torrington Board of Education, Torrington Public Schools c/o Atty. George B. Simoncelli, Jr. 104 Church Street Torrington, CT 06790
__________________________ Doris V. Luetjen Acting Clerk of the Commission
FIC1998-129/FD/tcg/08281998