FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

            

The above-captioned matter was heard as a contested case on February 16, 2007, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The complaint was consolidated for hearing with Docket #FIC 2006-521, Glenda Lobb and Janos Lobb v. Board of Education, Oxford 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 letters of complaint filed October 4 and 5, 2006, the complainants appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to reply to their request for information.

 

3.  It is found that the complainants by letter dated September 20, 2006 requested that the respondent inform them of:

 

a.                Who was/were responsible for Joseph’s omission from the lists for awards of academic achievement and perfect attendance and what disciplinary action the board will take to reprimand the responsible person(s);

b.                Why Joseph’s omission happened;

c.                The board’s enactment of policy to ensure that procedures are in place that will provide appropriate recognition for student achievement in the future.  What is the policy that the [board of education] will rely on to ensure that this will not happen again?

 

4.  Section 1-200(5), G.S., provides:

 

    “Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

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

 

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 (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212.

 

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

 

7.  It is found that the respondent provided a copy of the procedure used to choose student award winners.

 

8.  No other evidence was presented at the hearing concerning whether the respondent had failed to provide other records responsive to the request, or whether the respondent had in its possession records responsive to the request.

 

9.  It is found that, apart from the request for the awards policy, the complainants’ September 20, 2006 request was for information, not for public records within the meaning of §§1-200(5), 1-210(a) or 1-212(a)(1), G.S.

 

10.  It is concluded that the respondent did not violate §§1-210(a) or 1-212(a)(1), 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 dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its special meeting of September 12, 2007.

 

 

________________________________

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:

 

Glenda Lobb and Janos Lobb

44 Rolling Hills Drive

Oxford, CT 06478

 

Board of Education,

Oxford Public Schools

c/o Donald F. Houston, Esq.

Durant, Nichols, Houston, Hodgson &

Cortese-Costa, P.C.

1057 Broad Street

Bridgeport, CT 06604-4219

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2006-526FD/paj/9/13/2007