FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Penni R. Micca,  

Complainant

 

against

Docket #FIC 1996-547

Director of Finance, Board of Education, City of Hartford; and Board of Education, City of Hartford,  

Respondents

July 30, 1997

The above-captioned matter was heard as a contested case on March 31, 1997, at which time the complainant and respondent director of finance appeared, stipulated to certain facts, and presented testimony, exhibits and argument on the complaint; however, the respondent board of education failed to appear.

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. It is found that by letter to the respondent director dated October 10, 1996, and received on October 12, 1996, the complainant requested that she be provided with a copies of the monthly revenue reports from the Interdistrict Montessori School ("school") for the 1995-1996 school year to the present, including the following information:

tuition fees (payments made and owing);

grants received;

school lunch money;

registration fees; and

miscellaneous (e.g. field trip costs).

The complainant also requested copies of the school’s monthly expenditure reports for the same time period ("requested records").

3. Having failed to receive the requested records, the complainant appealed to the Commission by letter dated October 22, 1996 and filed October 25, 1996.

4. It is found that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

5. Section 1-15(a), G.S., in relevant part provides that:

[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record….

6. It is found that with the exception of records concerning school lunch money, which records are maintained by the school’s food services department, the requested records are maintained by the respondent director.

7. It is also found that at the direction of the respondent director, the school’s director of special funds sent a memorandum to the complainant on or about March 17, 1997, advising the complainant that she could make an appointment to inspect the school’s financial reports for the specified time period.

8. At the hearing on this matter, the respondent director apologized for the delay in complying with the complainant’s request, and agreed to provide the complainant with copies of the requested records, including the lunch money records which she would obtain for the complainant from the school’s food services department.

9. It is concluded that the respondent director violated the provisions of 1-15(a), G.S., by failing to provide the complainant, promptly upon request, with copies of the requested records.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. The respondent director shall forthwith provide the complainant with a copy of the requested records identified in paragraphs 2 and 8 of the findings, above, free of charge.

2. If after a diligent search, the respondent director cannot locate any of the requested records, she shall furnish the complainant with an affidavit detailing the nature of her search and the reason, if any, why such records could not be located.

3. Henceforth the respondent director shall strictly comply with the disclosure provisions of 1-15(a), G.S.

4. The complaint is hereby dismissed against the respondent board of education.

Approved by Order of the Freedom of Information Commission at its special meeting of July 30, 1997.

__________________________
Doris V. Luetjen
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:
Penni R. Micca
88 Ardmore Road
West Hartford, CT 06119-1204

Director of Finance, Board of Education, City of Hartford; and Board of Education, City of Hartford
c/o Mona McKim
Acting Director of Finance
Hartford Public Schools
153 Market Street
Hartford, CT 06103

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
fic1996-547/FD/cmm/08141997