FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on September 22, 2005, 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 #s FIC 2005-255; Frederick Hesse v. Superintendent of Schools, Brookfield Public Schools; and FIC2005-260; Lori Matute v. Superintendent of Schools, Brookfield Public Schools.

 

            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 letter of complaint dated May 25, 2005, and filed May 26, 2005, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information [hereinafter “FOI”] Act by failing to comply with his April 27, 2005, request for records, as described in paragraph 5, below.   

 

3.  Section 1-210(a), G.S., provides in relevant part that: 

 

“Except 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.” 

 

 

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….”

 

5.  It is found that, by letter dated April 27, 2005, the complainant requested that the respondent provide him with copies of any and all records pertaining to computers originally installed in computer lab room 2117 in the Whisconier Middle School that were later contaminated with asbestos, and all records relating to new computers which replaced said computers [hereinafter “the requested records”].   

 

6.  It is found that the requested records are public records within the meaning of §§1-210(a), and 1-212(a), G.S.

 

7.  It is found that, upon receipt of the letter described in paragraph 5, above, the respondent assigned such request to the Director of Technology of the Brookfield Public Schools [hereinafter “the director”].  It is further found that, by memorandum dated May 5, 2005, the director provided the respondent with copies of all records kept on file by the respondent responsive to the request described in paragraph 5, above, including a work order, budget request, computer inventory, invoices and a purchase order.  

 

8.  However, it is further found that, through oversight, the respondent did not forward the copies described in paragraph 7, above, to the complainant immediately.  Specifically, it is found that the respondent provided such copies to the complainant on August 3, 2005.  At the hearing in this matter, the respondent acknowledged that the provision of the requested records to the complainant was not prompt, apologized to the complainant, and informed the Commission that he has taken remedial steps in his office to ensure that future FOI requests are complied with promptly. 

 

9.  It is concluded that the respondent violated the promptness provisions of §§1-210(a) and 1-212(a), G.S., as alleged in the complaint.

 

10.  At the hearing in this matter, the complainant contended that there should be other records in the respondent’s possession, which more closely track the location of school computers.  However, it is found that the respondent has provided the complainant with all records, which he keeps on file or maintains, which are responsive to the request described in paragraph 5, above. 

 

On the basis of the record concerning the above-captioned complaint, no order by the Commission is hereby recommended. 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 22, 2006.

 

________________________________

Petrea A. Jones

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:

 

Frederick Hesse

Nine Windwood Road

Brookfield, CT 06804

 

Superintendent of Schools,

Brookfield Public Schools

c/o Susan Gundersen, Esq.

646 Prospect Avenue

Hartford, CT 06105-4286 

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2005-250FD/paj/3/23/2006