FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Elizabeth Allen,  

Complainant

 

against

Docket #FIC 1996-456

Charles F. Sweetman, Jr. Superintendent of Schools, Regional School District #17, and Gary Shettle, Finance Director, Regional School District #17,  

Respondents

May 14, 1997

The above-captioned matter was heard as a contested case on February 13, 1997, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.

2. By letter dated July 26, 1996, and filed with the Commission on July 26, 1996, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information Act by destroying respondent’s budget documents relating to the period prior to fiscal year 1993-94, with the result that complainant was denied her right to inspect such records when she requested to do so in April, 1995.

3. Section 1-21i(b)(1), G.S., states in relevant part:

(a) notice of appeal [to the Commission] shall be filed within thirty days after such denial….

4. It is found that the appeal to the Commission was filed approximately fifteen months after the alleged denial in this case.

5. It is concluded that the complaint was not filed within the time period required by 1-21i(b)(1), G.S., and accordingly, the Commission lacks jurisdiction to review this 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 May 14, 1997.

__________________________
Elizabeth A. Leifert
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:

Elizabeth Allen
330 Walkley Hill Road
Haddam, CT 06438

Charles F. Sweetman, Jr. Superintendent of Schools, Regional School District #17, and Gary Shettle, Finance Director, Regional School District #17c/o Kevin M. McGlinchey, Esq.
Shipman & Goodwin
One American Row
Hartford, CT 06103-2819

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission

FIC1996-456/FD/eal/05231997