FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Michael Carlo,  
  Complainant  
  against   Docket #FIC 2010-264
Town Administrator, Town of Vernon; and Town of Vernon,  
  Respondents July 28, 2010
       

 

The above-captioned matter was heard as a contested case on June 28, 2010, 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 on April 12, 2010, the complainant requested a copy of the “new” Board of Education policy on certification of teachers.

 

3.      By letter filed on April 26, 2010, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide a copy of the record responsive to the complainant’s request, described in paragraph 2, above. 

 

4.      Section 1-200(5), G.S., defines “public records” as follows:

 

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, …whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

5.      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 inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-212.

 

6.      Section 1-212(a), G.S., provides in relevant part:  “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 record requested by the complainant is a public record within the meaning of 1-200(5), 1-210(a), and 1-212(a), G.S.

 

8.       It is found that the copy of the Board of Education policy that the complainant requested is maintained and kept on file by the Vernon Board of Education, not the respondent Town Administrator.

 

9.      It is found that the Town Administrator did not prepare, own, use, or retain the record that the complainant requested.  It is found that at the time of the complainant’s request, the respondent Town Administrator had not received the record.

 

10.   It is found that in response to the complainant’s request, the Town Administrator obtained a copy of the record from the Board of Education and provided it to the complainant on June 15, 2010.  It is also found that the Board of Education did not have a “new” certification policy at the time of the complainant’s request, and that the only policy in effect at that time was adopted in 2004.

 

11.   It is concluded that the respondents did not violate the FOI Act.

 

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 July 28, 2010.

 

 

____________________________

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:

 

Michael Carlo

177 Dockerel Road

Tolland, CT 06084

 

Town Administrator, Town of

Vernon; and Town of Vernon

c/o Martin B. Burke, Esq.

130 Union Street

PO Box 388

Vernon, CT 06066

 

 

 

____________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2010-264FD/paj/7/29/2010