FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Albert Marrero,

 
  Complainant  
  against    Docket #FIC 2007-104

Superintendent of Schools,

Enfield Public Schools,

 
  Respondent  June 27, 2007
       

 

The above-captioned matter was heard as contested case on June 4, 2007, at which time the complainant and the respondent appeared 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 1-200(1)(A), G.S.

 

2.  It is found that by letter dated February 5, 2007 the complainant made a request to the respondent for copies of the school attendance records of his three children (the “requested records” or the “records”).

 

3.  It is found that by letter dated February 6, 2007 and addressed to the complainant, the respondent posted copies of the requested records by first class mail. No fee was assessed for the copies. The complainant testified that he did not receive the mailed records.

 

4.  By letter dated and filed with the Commission on February 14, 2007, the complainant appealed to the Commission, alleging that the respondent’s failure to provide the requested records violated the Freedom of Information Act (“FOIA”).

 

5.  Section 1-200(5), G.S., states:

 

Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

6.  Sections 1-210(a) and 1-212(a), G.S., state, respectively, in relevant parts:

 

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 (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. 

 

 

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

 

7.  It is concluded that the requested records are “public records” within the meaning of 1-200(5), 1-210(a), and 1-212(a), G.S.

 

8.  It is found that, following additional communications from the complainant, the respondent, by letter dated April 23, 2007 and addressed to the complainant, posted a second set of the requested records, again by first class mail. As previously, no fee was assessed for the copies. The complainant testified that he also did not receive these mailed records.

 

9.  At the hearing, representatives of the respondent testified that on June 5, 2007 that they would mail the requested records to the complainant a third time, both by first class mail and by certified mail.

 

10.  Based on the testimony set forth at paragraphs 3, 8, and 9, it is concluded that the respondent performed a prompt and diligent search for the requested records and that the complainant did receive copies of the requested records.

 

11.  It is concluded that, because the complainant received the requested records, the respondent did not violate 1-210(a) and 1-212(a), G.S.

 

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

 

1.  The complaint is dismissed.

           

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 27, 2007.

 

________________________________

Petrea A. Jones

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:

 

Albert Marrero

3-B Thistle Lane

Enfield, CT 06082

 

Superintendent of Schools,

Enfield Public Schools

Att: Donna Gittleman, Director,

Pupil Personnel Services

27 Shaker Road

Enfield, CT 06082

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-104FD/paj/7/2/2007