Final Decision FIC2014-616
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In the Matter of a Complaint by |
FINAL DECISION | |
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Bradshaw Smith,
Complainant |
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against
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Docket #FIC 2014-616 | |
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Paul J. Panos, Vice-President, Board of
Education, Windsor Public Schools; and Board of Education, Windsor Public Schools, Respondents |
July 22, 2015 |
The above-captioned matter was heard as a contested case on June 18, 2015, at which time the complainant appeared, but the respondents did not.
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 June 18, 2014, the complainant requested by email a copy of the respondents’ action plan for a $930,000 alliance grant received from the State of Connecticut.
3. It is found that on August 26, 2014, the respondent vice-president sent an email to the complainant in which he told the complainant that he would ask about the action plan, and acknowledged that the respondents submit an updated action plan each year.
4. It is found that on September 2, 2014, the complainant sent another email to the respondent vice-president, in which he asked whether the respondent forgot about his request “(conveniently or otherwise)???”
5. It is found that on September 3, 2014, the respondent vice-president sent an email to the complainant in which he provided written notice of a meeting for that night, and also addressed the complainant’s request for the action plan. It is found that the respondent informed the complainant that the action plan would soon be on the respondents’ website.
6. It is found that the complainant visited the respondents’ website approximately one week after receiving the vice-president’s letter and did not see the action plan for the 2014-2015 school year.
7. By letter filed September 22, 2014, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with the record he requested.
8. 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, …whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.
9. 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, … or (3) receive a copy of such records in accordance with section 1-212.
10. It is concluded that the records requested by the complainants are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.
11. Section 1-212(a), G.S., provides in relevant part: “Any person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record.”
12. It is found that the respondents failed to promptly provide a copy of the records that the complainant requested.
13. It is concluded, therefore, that the respondents violated §§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:
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondents shall promptly provide a copy of the action plan for the school year 2014-2015 to the complainant, free of charge.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 22, 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.
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 Road
Windsor, CT 06095
23 Ludlow Road
Windsor, CT 06095
Paul J. Panos, Vice-President, Board of Education, Windsor
Public Schools; and Board of Education, Windsor Public Schools
c/o Gary R. Brochu, Esq.
Shipman & Goodwin, LLP
One Constitution Plaza
Hartford, CT 06103
Public Schools; and Board of Education, 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/2014-616/FD/cac/7/22/2015