FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Stephen Woodruff,

 

Complainant

 

 

against

Docket #FIC 2000-085

Chairman, Board of Education,
Lisbon Public Schools,

 

 

Respondents

June 28, 2000

 

 

 

 

The above-captioned matter was heard as a contested case on April 17, 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 chairman is a public agency within the meaning of §1-200(1), G.S.

 

2.      By letter dated January 17, 2000, the complainant made a request to the respondent chairman for copies of any and all correspondence, minutes, letters, faxes, etc., wherein Dr. Fenn, superintendent of Lisbon Public Schools, informed the respondent chairman of outside consultation and activities; and any minutes or correspondence reflecting the Lisbon Board of Education delegating to the respondent chairman the authority to approve Dr. Fenn’s outside employment.

 

3.      It is found that by letter dated January 24, 2000, the respondent chairman informed the complainant that he received the January 17, 2000 request letter and that information related to that request would be sent to the complainant at a later date.

 

4.      It is further found that by letter dated January 26, 2000, the respondent chairman attempted to address the issues raised in the complainant’s January 17, 1999 request by providing the complainant with a copy of the Lisbon Board of Education’s meeting minutes of April 22, 1999, which record the board’s unanimous approval of Dr. Fenn’s contract and informed the complainant, in essence, that he does not maintain any records wherein Dr. Fenn informed the respondent chairman of outside employment.  

5.      By certified letter dated February 9, 2000, the complainant informed the respondent that he had not received a timely response to his January 17, 2000 request letter and submitted a copy of that request letter.  

 

6.      By letter dated February 23, 2000, and filed on March 3, 2000, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to respond to the complainant’s request.

 

7.      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 receive a copy of such records in accordance with the provisions of section 1-212.” 

 

8.      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 . . . .”

 

9.      It is found that the requested records, to the extent such records exist, are public records within the meaning of §1-210(a), G.S.

 

10.  It is found that while the respondent chairman responded to the complainant’s original January 17, 2000 request, as described in paragraphs 3 and 4, above, the complainant did not receive such response. 

 

11.  It is also found that the complainant’s second request, dated February 9, 2000, was received at the office of the Lisbon Board of Education on February 14, 2000 by a Patricia Rogers, but there is no evidence in the record that the respondent chairman personally received that second request.

 

12.  It is further found that during the months of December 1999 through March 2000, the complainant made several requests for records and information, including another request dated February 9, 2000, and the respondent chairman responded promptly to all such requests, which responses often exceeded the requirements of the FOI Act.

 

13.  Notwithstanding the finding in paragraph 10, above, it is found that the respondent chairman acted with due diligence and promptly responded to the complainant’s January 17, 2000 request.

 

14.  Furthermore, it is found that there are no records responsive to the complainant’s request as described in paragraph 2, above.

 

15.  It is therefore concluded that the respondent chairman did not violate the provisions §1-210(a), G.S.

 

 

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.

 

 

 

 

_________________________

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:

 

 

Stephen Woodruff

242 Ross Hill Road

Lisbon, CT  06351

 

 

Chairman, Board of Education, Lisbon Public Schools

c/o Atty. Thomas B. Mooney

Shipman & Goodwin, LLP

One American Row

Hartford, CT  06103-2819

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

 

FIC2000-085FD/mrb/07/06/00