FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Richard M. Rivera,
Complainants
against Docket #FIC 1998-129
Torrington Board of Education,
Torrington Public Schools,
Respondents August 26, 1998
	The above-captioned matter was heard as a contested case on June 29, 1998, 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(1), G.S. 
	2.  By letter dated April 8, 1998, the complainant requested that the respondent 
provide him with the resume and qualifications of specified individuals and “the Equal 
employment opportunity agreement with the United States Government local and state 
agency’s (sic).” 
	3.  By letter dated April 15, 1998, the respondent provided the complainant with a 
copy of its policy on affirmative action and informed him that it did not have equal 
employment opportunity agreements with the federal, state, or local governments.    
	4.  It is found that, in response to the request described in paragraph 2, above, the 
respondent provided the complainant with the employment applications of the individuals 
specified by the complainant, and all attachments thereto.  
	5.   By letter dated May 3, 1998, and filed on May 6, 1998, the complainant  
appealed to the Commission alleging that the respondents violated the Freedom of 
Information (“FOI”) Act by denying him copies of requested records.  
	6.  Section 1-19(a), G.S., in relevant part states:
[e]xcept as otherwise provided by any federal law or state 
statute, all records maintained or kept on file by any public 
agency…shall be public records and every person shall 
have the right to…receive a copy of such records… 
	7.  With respect to the allegation described in paragraph 5, above, the respondent 
contends that it provided the complainant with all records in its custody responsive to his 
request.  
	8.  The complainant contends that he was not provided with a “form 164” for 
each of the individuals specified in his request, as described in paragraph 2, above.  
However, it is found that a request for such forms cannot reasonably be read into the 
letter described in such paragraph.
	9.  The complainant further contends that his request for records conforming to 
form 164 was made to employees of the respondent at the time he retrieved the 
employment applications described in paragraph 4, above.  However, it is found that any 
such oral request failed to clearly or reasonably indicate to such employees the specific 
records which the complainant sought.  
	10.  Based upon the facts and circumstances of this case, it is concluded that the 
respondent did not violate 1-19(a), G.S., in responding to the request described in 
paragraph 2, above.  
	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.
	2.  The complainant is encouraged to more specifically describe requested records 
in the future.   

	Approved by Order of the Freedom of Information Commission at its regular 
meeting of August 26, 1998.


_________________________
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:
Richard M. Rivera
178 Washington Avenue
Torrington, CT 06790
Torrington Board of Education, 
Torrington Public Schools
c/o Atty. George B. Simoncelli, Jr.
104 Church Street
Torrington, CT 06790


__________________________
Doris V. Luetjen
Acting Clerk of the Commission





FIC1998-129/FD/tcg/08281998