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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Complainant |
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against |
Docket #FIC 2000-048 |
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Superintendent of Schools, |
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Respondents |
June 28, 2000 |
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The above-captioned matter was heard as a contested case on May 3, 2000, 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 §1-200(1), G.S.
2. By letters filed with the Commission on February 9, 2000, and February 14, 2000, the complainant alleged that the respondent violated the Freedom of Information [hereinafter “FOI”] Act by failing to reply to her letter of January 24, 2000, requesting a copy of her personnel file [hereinafter “the request letter”].
3. Section 1-210(a), G.S., provides in relevant part that:
“[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 during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-212.”
4. Section 1-212(a), G.S., provides in relevant part that:
“[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.… “
[Emphasis added.]
5. It is found that the respondent did not receive the request letter prior to the filing of the complaint in this matter.
6. It is therefore concluded that the respondent did not violate the FOI Act, as alleged in the complaint.
7. It is found that the respondent first received a copy of the request letter in the mailing sent to him by the Commission on February 18, 2000. It is further found that, shortly after such receipt, the respondent provided the complainant with copies of the records in her personnel file. It is also found that, due to administrative error, one portion of the complainant’s personnel file was not provided to the complainant at such time.
8. At the hearing in this matter, the respondent agreed to provide the complainant with a second copy of her personnel file, including its entire contents.
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
June 28, 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:
Regina Dymersky DiGirolamo
Six East Tomstead Road
Simsbury, CT 06070
Superintendent of Schools, Hartford Public Schools
c/o Atty. Ann F. Bird
Assistant Corporation Counsel
City of Hartford
550 Main Street
Hartford, CT 06103
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Melanie R. Balfour