The above-captioned matter was heard as a contested case on December 30, 2014, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with Docket #FIC 2014-152, Bradshaw Smith v. Craig Cooke, Superintendent of Schools, Windsor Public Schools; and Windsor Public Schools.

     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.  By letter of complaint filed May 5, 2014, the complainant appealed to the Commission, alleging that he had requested an opportunity to inspect and possibly photocopy one or more documents from the Windsor Public School District, and the “respondents’ response is totally antithetical with §§1-210, 1-212 Connecticut General Statutes.” The complainant requested the imposition of a civil penalty against the president of the Windsor Board of Education.

     3.  By letter dated July 10, 2014, the Commission advised the complainant that he had not alleged a violation of the Freedom of Information (“FOI”) Act.

     4.  It is found that the complainant made an April 28, 2014 request that the respondent Cooke “make available for public inspection and possible photocopying all documents relative to your agency’s recently completed search for the position of Superintendent.”

     5.  It is found that the respondents replied by letter dated May 1, 2014 that the request involved a large number of documents in the possession of the New England School Development Council (“NESDEC”). The letter advised the complainant that the respondents would make the request to NESDEC for the complainant, but that personally identifiable information concerning any unsuccessful candidate was exempt from disclosure, and that the records that would be made available for his inspection would have personally identifiable information redacted, citing Parson v. City of Groton, Docket #FIC 2003-142. The letter further advised the complainant that the cost of copying the documents would exceed $10.00, and that prepayment would be required for copies. Finally, the letter advised the complainant that if he still wished to view the records, he should contact the respondents’ office.

     6.  At the hearing, the complainant refused to answer the hearing officer’s question whether the complainant had in fact contacted the respondents and advised them that he still wished to inspect the records. The complainant further refused to comport himself in an acceptable manner, and left the hearing room before the conclusion of the hearing.

     7.  It is found that the respondents’ May 1, 2014 reply was not a denial of the complainant’s request, but an offer to make the documents available under certain conditions, and a request that the complainant advise the respondents whether those conditions were acceptable—which the complainant did not do.

     8.  It is found that the respondents did not deny the complainant’s April 28, 2014 request.

     9.  It is therefore concluded that the respondents did not violate the FOI Act as alleged.

     10. Given the conclusion in paragraph 7, above, there is no need to address the complainant’s request for a civil penalty.

     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 March 11, 2015.

__________________________
Cynthia A. Cannata
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:

Bradshaw Smith
23 Ludlow Avenue
Windsor, CT  06095

Craig Cooke, Superintendent of Schools, Windsor Public
Schools; and Windsor Public Schools
c/o Gary R. Brochu, Esq.
Shipman & Goodwin LLP
One Constitution Plaza
Hartford, CT  06103

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2014-269/FD/cac/3/11/2015