FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on January 15, 2004, 2004, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.   For purposes of hearing, this matter was consolidated with Docket# FIC 2003-335; Lorri Cavaliere v. Superintendent of Schools, Amity Regional School District #5, and Docket #FIC 2003-340; Lorri Cavaliere v. Superintendent of Schools, Amity Regional School District #5. 

 

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.  It is found that, by e-mail dated August 24, 2003, the complainant requested that the respondent provide her with copies of “any and all documentation showing itemized budgeted amounts for legal expenses for fiscal year 03/04, including any budget preparation and back up documentation.” 

 

3.   It is found that, by e-mail dated August 26, 2003, the respondent acknowledged receipt of the request described in paragraph 2, above, and informed the complainant that she had assigned such request to a member of her staff, the finance director. 

 

4.  By letter dated and filed with the Commission on September 4, 2003, the complainant alleged that the respondent violated the Freedom of Information Act by not providing her with copies of the 03/04 legal expenses budget records described in paragraph 2, above.  On September 5, 2003, the complainant filed a letter with the Commission, by which she acknowledged the response of the respondent described in paragraph 3, above; referenced an earlier request the complainant had made to the finance director for both the 02/03 and 03/04 legal expenses budget records; and reiterated to the Commission the complainant’s assertion that she had not received the 03/04 legal expenses budget records, which were requested as described in paragraph 2, above. 

 

5.  It is found that, by e-mail dated September 13, 2003, the complainant informed the respondent that she had previously requested 02/03 legal expenses from the finance director.  It is also found that, by such letter, the complainant requested that the respondent provide her with “any and all documentation showing itemized budgeted amounts for legal expenses for fiscal years 02/03 and 03/04, including any budget preparation and back up documentation.” 

 

6.  It is found that, by e-mail dated September 29, 2003, the respondent informed the complainant that she had no knowledge of the complainant’s earlier request of the finance director, and the respondent provided the complainant with a multi-page copy of legal bills received. 

 

7.  At the hearing in this matter, the complainant contended that the complaint herein comprised requests for both the 02/03 legal expenses budget records and the 03/04 legal expenses budget records, and that the respondent did not provide certain back up documentation for both budgets, which the complainant alleged must exist.   The respondent contended that the complaint in this matter comprised only the request described in paragraph 2, above, for the 03/04 legal expenses budget records. 

 

8.  It is found that the September 5, 2003, letter to the Commission, described in paragraph 4, above, did not expand the request described in paragraph 2, above, to include a request for the 02/03 legal expenses budget records.  It is also found that further communication between the parties regarding the 02/03 budget records occurred after the filing of the complaint in this mater.  Therefore, it is concluded that the complaint in this matter comprises only the request described in paragraph 2, above, for the 03/04 legal expenses budget records.

 

9.  Section 1-210(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…receive a copy of such records in accordance with section 1-212….

 

10.  Section 1-212(a), G.S., provides in relevant part: “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.” 

 

11.  It is found that, between September 2, 2003, and September 8, 2003, the respondent provided the complainant with a copy of a portion of the 03/04 budget, and a September 2, 2003 memorandum from the finance director to the respondent.  The September 2, 2003 memorandum informed the respondent that the estimates which were used in the legal budget were not comprised of specific amounts, since they were undeterminable at the time of budget development; that various bills and open legal issues were reviewed; that from such review, estimates were placed in the legal budget; and that the legal budget for 03/04 was $185,000. 

 

12.  Based upon the facts and circumstances of this case, it is found that the respondent promptly and fully complied with the request described in paragraph 2, above.

 

13.  It is concluded that the respondent did not violate §§1-210(a) and 1-212(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 March 10, 2004.

 

 

___________________________________

Ann B. Gimmartino

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:

 

Lorri Cavaliere

c/o Joshua D. Lanning, Esq.

Jacobs, Grudberg, Belt & Dow, P.C.

350 Orange Street, PO Box 606

New Haven, CT  06503-0606

 

Superintendent of Schools,

Amity Regional School District #5

c/o Richard A. Mills, Jr., Esq.

Shipman & Goodwin, LLP

One American Row

Hartford, CT  06103-2819

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

FIC/2003-316/FD/abg/03/11/2004