FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on January 18, 2008, at which time the complainant and 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 is a public agency within the meaning of §1-200(1), G.S.

 

2.      By e-mail dated September 17, 2007 and filed on September 19, 2007, the complainant appealed to this Commission alleging that the respondent failed to comply with the orders of this Commission in Docket #FIC 2006-420; Kerry Brooks Swift v. John Goetz, Superintendent of Schools, Brookfield Public Schools (hereinafter “Docket #FIC 2006-420”).  More specifically, the complainant alleges that in spite of the respondent’s affidavit to the contrary, the records at issue in Docket #FIC 2006-420 do exist and should have been provided to her.  The complainant requested the imposition of a civil penalty against the respondent.

 

3.      The Commission takes administrative notice of its record and final decision in contested case Docket #FIC 2006-420, which provides in relevant part as follows:

 

17.  In that regard, it is found that because asbestos flex connectors may have been removed during the removal and replacement of the exhaust fan/ventilation system at Huckleberry Hill School, and pursuant to certain instructions for the removal of such, the respondent probably received from Pronto: a work schedule which should have included the specific start date and an estimated completion date; and a list of the workers by name, social security number and employer.

 

18.  It is also found that because the removal and replacement of the exhaust fan/ventilation system at Huckleberry Hill School was so expensive, totaling approximately twenty-six thousand dollars, that there probably is a written contract with Pronto for the work. 

 

19.  It is also found that because one invoice pertaining to the removal and replacement of the exhaust fan/ventilation system at Huckleberry Hill School states that such work was done “per Brookfield school specifications” that there probably is a record outlining the specifications.

 

20.  It is found that the records described in paragraphs 17 through 19 are, to the extent such records exist, responsive to the complainant’s August 10, 2006 request.

 

4.      The Commission issued, in relevant part, the following order in Docket #FIC 2006-420:

The respondent shall forthwith undertake a diligent search for the requested records described in paragraphs 17 through 19 of the findings, above, among all of the records maintained by him.  If the requested records are located, the respondent shall forthwith provide a copy of such records to the complainant, with social security numbers redacted, free of charge.  If no responsive records are found, the respondent shall provide this Commission and the complainant with an affidavit detailing the scope, duration, and results of the search for such records.

 

5.      It is found that by letter dated September 11, 2007, the respondent provided the complainant, and this Commission, with an affidavit detailing the scope, duration and the results of the search for the records described in paragraphs 17 through 19 of the findings of Docket #FIC 2006-420.

 

6.      The complainant contended that the respondent does maintain records responsive to the order issued by the Commission in Docket #FIC 2006-420 and at the hearing on this matter, entered into the record as evidence a permit application and a mechanical installation plan (a drawing) for mechanical work at the Brookfield Public Schools.  At the hearing on this matter, the complainant claimed that the respondent should have produced these records in compliance with the Commission’s order described in paragraph 4, above.

7.      It is found that the documents entered into evidence by the complainant, as described in paragraph 6, above, are not the documents the Commission ordered the respondent to search for and provide.

 

8.      It is found that the records entered into evidence by the complainant, as described in paragraph 6, above, are responsive to the underlying records request at issue in Docket #FIC 2006-420 and brings into question the thoroughness of the respondent’s search.  It is found, however, that that question was already raised at the hearing in Docket #FIC 2006-420 and addressed by the Commission in its decision and order for that case.

 

9.      In that regard, the Commission ordered the respondent to search for three records, which were the records specified in the complainant’s original request. 

 

10.   It is found that the Brookfield Public Schools’ building supervisor facilitates the relationship between the school district and Pronto Environmental.

 

11.   It is found that the formalities that often exist in a contractual relationship are frequently omitted in order to expedite the completion of maintenance projects.

 

12.   It is found, therefore, that the records described in paragraphs 17 through 19 of Docket #FIC 2006-420 are frequently not drafted and do not exist for many maintenance projects for the schools.  

 

13.   Nonetheless, it is found that three individuals, one of whom included the building supervisor, conducted a search for the records described in paragraphs 17 through 19 of Docket #FIC 2006-420 over a period of two days.  It is found that every file was searched including those that were unlikely to hold the specified records and that the records were not found.

 

14.  It is found that the records described in paragraphs 17 through 19 of Docket #FIC 2006-420 could not be located after a diligent search.

 

15.   As already found in paragraph 5, above, the respondent provided the complainant, and this Commission, with an affidavit detailing the scope, duration and the results of the search for the records described in paragraphs 17 through 19 of the findings of Docket #FIC 2006-420.

 

16.   It is concluded that the respondent fully complied with this Commission’s order in Docket #FIC 2006-420 and accordingly, the complainant’s request for a civil penalty is denied.

 

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 February 27, 2008.

 

________________________________

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:

 

Kerry Brooks Swift

25 Pocono Ridge Road

Brookfield, CT 06804

           

John A. Goetz, Superintendent of

Schools, Brookfield Public Schools

c/o Mark J. Sommaruga, Esq.

Sullivan, Schoen, Campane & Connon, LLC

646 Prospect Avenue

Hartford, CT 06105

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-502FD/paj/3/11/2008