FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1997-058
September 24, 1997

In the Matter of a Complaint by Jonathan T. Childress, Complainant
against
Principal, Richard J. Kinsella Community School, Hartford Public Schools Respondent

The above-captioned matter was heard as a contested case on July 21, 1997, at which time the complainant and the 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 1-18a(a), G.S.

2. It is found that by letters dated December 13 and 30, 1996, the complainant requested that the respondent provide him with copies of financial records of the Richard J. Kinsella Community School and Kinsella School Community Partnership for the period September 1, 1992 through December 12, 1996, inclusive, (hereinafter "requested records").

3. It is found that by memorandum dated January 7, 1997, the respondent acknowledged receipt of the requests described in paragraph 2 of the findings, above, and indicated that the requested records were being compiled and would be provided as soon as possible.

4. Having failed to receive the requested records, the complainant appealed to the Commission by letter dated February 4, 1997 and filed on February 6, 1997.

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

6. It is also found that the respondent maintains some of the requested records, and others are maintained at the central office of the Hartford Public Schools.

Docket #FIC 1997-058 Page 2

7. At the hearing on this matter, the respondent conceded that she had not provided the complainant with the requested records she maintains, and indicated that she would undertake to do so within thirty days.

8. It is concluded that the respondent violated 1-15(a) and 1-19(a), G.S., when she failed to provide the complainant with copies of the requested records maintained and described in paragraph 6 of the findings, above.

9. It is found that the violation, described in paragraph 8 of the findings, above, appears to have been without reasonable grounds.

10. Therefore, in accordance with the provisions of 1-21i(b)(2), G.S., it is concluded that a hearing to determine whether a civil penalty ought to be imposed upon the respondent should be conducted.

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

1. Forthwith, the respondent shall provide the complainant with a copy of the requested records maintained at the Richard J. Kinsella Community School, free of charge.

2. Forthwith, the Commission shall issue notice to the parties and conduct a hearing on whether a civil penalty ought to be imposed against the respondent.

Approved by Order of the Freedom of Information Commission at its regular meeting of September 24, 1997.

_________________________
Doris V. Luetjen
Acting Clerk of the Commission

Docket #FIC1997-058 Page 3

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:
Jonathan T. Childress
25 William Street
East Hartford, CT. 06108-2656

Principal, Richard J. Kinsella Community School, Hartford Public Schools
c/o Ann F. Bird, Esq.
Office of Corporation Counsel
City of Hartford
550 Main Street
Hartford, CT. 06103

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-058FD/mes/10031997