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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Luke Condolora, |
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Complainant |
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against |
Docket #FIC 2000-280 |
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Office
of the Superintendent, |
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Respondents |
August 23, 2000 |
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The above-captioned matter was heard as a contested
case on June 29, 2000, at which time the complainant and the respondent
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 respondent is a public agency within the meaning of §1-200(1),
G.S.
2.
On May 26, 2000, and
again on May 31, 2000, the complainant made a request to the respondent for a
copy of a letter of recommendation written on behalf of Pat Tangratti.
3.
Having failed to
receive a response to the request described in paragraph 2, above, by letter
dated May 31, 2000 and filed on June 5, 2000, the complainant appealed to this
Commission alleging that the respondent violated the Freedom of Information (“FOI”)
Act by denying his request.
4.
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.
Any agency rule or regulation, or part thereof, that conflicts with the
provisions of this subsection or diminishes or curtails in any way the rights
granted by this subsection shall be void.”
5.
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
. . . .”
6.
It is found that Ms.
Tangratti was hired by the respondent, and that prior to hiring Ms. Tangratti,
Lawrence Doyle, the administrator for special education of Stamford Public
Schools, sought a recommendation regarding Ms. Tangratti from her previous
employer.
7.
It is found that Mr.
Doyle received an oral recommendation for Ms. Tangratti during a telephone
conversation with her previous employer.
8.
It is found that Mr.
Doyle took no notes of the conversation and was not provided with any written
recommendations on behalf of Ms. Tangratti from her previous employer or any
one else.
9.
It is found that the
requested record does not exist.
10.
It is therefore
concluded that the respondent did not violate §1-210(a), G.S., by failing to
provide the complainant with requested record.
11.
At the hearing on
this matter, the complainant inquired as to whether Mr. Doyle could be
required to recall his conversation with Ms. Tangratti’s previous employer,
commit that conversation to writing, and provide that document to the
complainant or whether Mr. Doyle could be required to orally provide the
complainant with the details of the conversation.
12.
It is found that the
FOI Act does not require a public agency to create a document in order to
comply with an individual’s request for records nor does the FOI Act require
a public agency to verbally answer questions of an individual seeking
information.
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 Commission notes the respondent’s apparent failure to promptly respond to the complainant’s request and strongly encourages the respondent to avoid such delays in the future.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 23, 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:
Luke Condolora
Five Jackson Place
Darien, CT 06820
Office
of the Superintendent, Stamford 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
FIC2000-280FD/mrb/08/31/00