FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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| Nora D. Arpin, |
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Complainant |
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against |
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Docket #FIC1999-531 |
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Director of Personnel, Bristol Public |
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Respondents |
April 26, 2000 |
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The above-captioned matter was heard as a contested case on February 29, 2000, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of §1-200(1), G.S. [formerly §1-18a(1), G.S.]
2. It is found that, by letter dated October 19, 1999, the complainant requested that the respondents provide her with copies of any and all documents comprising accusations that Marie Galat, the complainant’s sister and a former employee of the respondents, exhibited bizarre behavior, and mentally and physically abused children [hereinafter “the requested records”]. By such letter, the complainant also posed a series of questions to the respondents regarding the termination of Ms. Galat.
3. By letter dated November 1, 1999, the respondents informed the complainant that the requested records did not exist.
4. By letter dated November 6, 1999, and filed with the Commission on November 15, 1999, the complainant alleged that the respondents violated the Freedom of Information [hereinafter “FOI”] Act by failing to provide copies of the requested records and by failing to respond to the questions posed in her letter of October 19, 1999.
5. Section 1-210(a), G.S. [formerly §1-19(a), G.S.], provides in relevant part:
[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly…
(Emphasis added.)
6. It is found that the requested records are not maintained or kept on file by the respondents. It is also found that the requested records do not exist and have never existed. It is further found that the respondents informed the complainant of this fact prior to the filing of the complaint in this matter.
7. With respect to the questions posed in the complainant’s letter of October 19, 1999, it is concluded that the respondents are not obligated by the FOI Act to respond to such questions.
8. It is therefore further concluded that the respondents did not violate the provisions of §1-210(a), G.S. [formerly §1-19(a), G.S.], as alleged in the 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 hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 26, 2000.
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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:
Nora D. Arpin
Director of Personnel, Bristol Public Schools; Department of Personnel, Bristol
Public
Schools; and Bristol Public Schools
c/o Atty. Christine L. Chinni
Shipman & Goodwin, LLP
One American Row
Hartford, CT 06103
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-531FD/mrb/05/01/00