FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Lorri Cavaliere,
   Jean A. Orsatti,  
  against Docket #FIC 2004-034

Board of Education,

Amity Regional School District #5

 
  Respondent  July 28, 2004
       

 

The above-captioned matter was heard as a contested case on May 19, 2004, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, the above captioned case has been consolidated with Docket # FIC 2003-442, Lorri Cavaliere v. Board of Education, Amity Regional School District #5.

 

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 latter dated January 9, 2004, the complainant made a request to the respondent’s superintendent of schools, who acted on behalf of the respondent, for a copy of the resume and job application of a Paula Ann Dial, secretary to the superintendent (hereinafter “requested records”).

 

3.      By letter dated and filed on January 16, 2004, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to comply with her request.

 

4.        Section 1-210(a), G.S., provides in relevant part that:

 

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to . . . receive a copy of such records in accordance with section 1-212.  Any agency rule or regulation, or part thereof, that conflicts with the provisions of this subsection or diminishes or curtails in any way the rights granted by this subsection shall be void. 

 

5.      Section 1-212(a), G.S., provides in relevant that “any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.” 

 

6.      It is found that the requested records are public records within the meaning of 1-210(a), G.S.

 

7.      At the hearing on this matter the complainant claimed she did not receive any records responsive to her request until after she filed her appeal with this Commission, which records she received undercover of a letter dated February 27, 2004.  She argued that the respondent violated the promptness provision of 1-210(a), G.S.

 

8.      It is found that the only record maintained by the respondent that was responsive to the complainant’s request was Paula Ann Dial’s resume, which was mailed to the complainant on or about January 16, 2004.  

 

9.      It is found that the complainant did not receive the resume sent to her on January 16, 2004.

 

10.  It is found that the superintendent discovered on February 27, 2004, that the complainant claimed that she had not received the resume and she sent another copy on that date.

 

11.  It is found that there is no evidence in the record of this case to explain why the complainant did not receive the resume sent on January 16, 2004, but the testimony of both parties was credible.  

 

12.  It is found, therefore, that the respondent complied promptly with the complainant’s January 9, 2004 request.

 

13.  It is concluded, therefore, that the respondent did not violate the provisions of 1-210(a) and 1-212(a), G.S., as alleged by the complainant. 

 

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 July 28, 2004.

 

 

___________________________________

Ann B. Gimmartino

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:

 

Lorri Cavaliere

27 Virginia Rail

Bethany, CT  06524

 

Board of Education,

Amity Regional School District #5

c/o Richard A. Mills, Jr., Esq.

Shipman & Goodwin LLP

One Constitution Plaza

Hartford, CT  06103

 

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

FIC/2004-034/FD/abg/07/29/2004