FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Earle Walker,  
  Complainant  
  against  

Docket #FIC 2008-619

Elaine Bonfiglio, Insurance

Specialist, Hartford Public Schools;

and Hartford Public Schools,

 
  Respondents April 8, 2009
       

 

            The above-captioned matter was heard as a contested case on March 3, 2009, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-200(1), G. S.

 

2.  It is found that, by email dated August 25, 2008, the complainant requested that the respondents provide him with the names, dates and results of any requests to continue health insurance under the discretionary provision of the collective bargaining agreement between the Hartford Board of Education and the Hartford Federation of Substitute Teachers, for the period July 1, 2004 through June 30, 2008. 

 

3.  It is found that, by return email, the respondents informed the complainant that they do not maintain the records described in paragraph 2, above.  It is further found that, by email dated September 2, 2008, the complainant renewed the request described in paragraph 2, above.   

 

4.  By letter of complaint dated September 22, 2008 and filed September 23, 2008, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying his requests for public records.  The complainant requested the imposition of a civil penalty in this matter.

 

5.  Section 1-200(5), G. S., provides:

 

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

 

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. 

 

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

 

8.  It is found that the respondents do not maintain or keep on file the records described in paragraph 2, above.    

 

9.  It is therefore concluded that the respondents did not violate the FOI Act.  There is no basis for the imposition of a civil penalty in this matter.

 

 

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 special meeting of April 8, 2009.

 

 

____________________________

S. Wilson

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:

 

Earle Walker

8 Willow Lane

Bloomfield, CT 06002

 

Elaine Bonfiglio, Insurance

Specialist, Hartford Public Schools;

and Hartford Public Schools

C/o Melinda B. Kaufmann, Esq.

Corporation Counsel

City of Hartford

550 Main Street

Hartford, CT 06103

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-619FD/sw/4/16/2009