FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Sam Iritano,

 

 

Complainant

 

 

against

 

 Docket #FIC 1999-479

Superintendent of Schools,
Farmington Public Schools;
and Farmington Public Schools,

 

 

Respondents

April 26, 2000

 

 

 

 

The above-captioned matter was heard as a contested case on December 29, 1999, at which time the complainant and the respondents appeared, 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 respondents are public agencies within the meaning of §1-200(1), G.S., [formerly §1-18a(1), G.S.].

 

2.  It is found that during the afternoon of September 20, 1999, the complainant visited the respondent superintendent’s office and at that time requested that the administrative assistant permit him to inspect the file concerning the proposed 5th/6th grade school (hereinafter “requested records”).  The administrative assistant declined to show a binder, which she had, to the complainant; however, she telephoned the respondent superintendent, who spoke to the complainant and inquired what records the complainant sought.  The complainant told the respondent superintendent that he wanted any and all records concerning the proposed 5th/6th grade school.  The respondent superintendent then told the complainant that the records were in several places and if the complainant told him specifically what records he was looking for he would gather the records and provide them to him.  The complainant, not knowing specifically what records were contained in the file, and feeling that the conversation with the respondent superintendent was no longer productive, terminated the call.

 

            3.  By letter dated and filed with the Commission on October 12, 1999, the complainant appealed to the Commission alleging that the respondent superintendent violated the Freedom of Information Act by denying him prompt access to the requested records.

 

4.  It is found that the respondents made the requested records available to the complainant on September 21, 1999, the morning after his visit to the superintendent’s office.  It is also found that the complainant visited the respondent superintendent’s office and reviewed the requested records on or about September 22, 1999.

 

5.  It is concluded that the requested records are public records within the meaning of §1-210(a), G.S. [formerly §1-19(a), G.S.].

 

6.  It is also found that the requested records were not all located in one file and further, that it is the practice of the respondents that administrative assistants first check with an administrator before releasing records.

 

7.  Under the facts and circumstances of this case, it is concluded that the respondent superintendent did not violate the promptness provision of §1-210(a), G.S. [formerly §1-19(a), G.S.] as alleged in the complaint; however, it is found that it was not reasonable for the respondent superintendent to continue to insist that the complainant specify what records he sought.  It was clear that the complainant wanted “any and all” records and that the respondents, and not the complainant, would know the specific records that existed in the respondents’ files.  It is also found that had the complainant exercised a little more patience, in light of the fact that the requested records had to be gathered, and that his visit to the respondent superintendent’s office was in the late afternoon, perhaps there might have been no need for the filing of this complaint.

 

 

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

 

1.      The complaint is dismissed.

 

 

 

        Approved by Order of the Freedom of Information Commission at its regular meeting of April 26, 2000.

 

 

 

_________________________

Melanie R. Balfour

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:

 

 

Sam Iritano

91 Birdseye Road

Farmington, CT  06032

 

 

Superintendent of Schools, Farmington Public Schools; and Farmington Public Schools

c/o Atty. Anne H. Littlefield

Shipman & Goodwin

One American Row

Hartford, CT  06103-2819

 

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

FIC1999-479FD/mrb/04/28/00