The above-captioned matter was heard as a contested case on May 17, 2012 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. By letter dated May 16, 2011, the complainant made a request to the respondents for certain records which included a request for “the list of the number of verified acts of bullying in each of the Granby Public Schools for the last six school years including the present school year heretofore.”  This is the only request at issue in this complaint.

     3. By e-mail dated June 25, 2011, and filed on June 29, 2011, the complainant appealed to this Commission alleging that the respondents had violated the Freedom of Information Act by not complying with his request.

     4. 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.

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

     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.

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

     7. It is found that the requested records, to the extent they exist, are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

     8. It is found that the complainant made his request based on certain sections of the respondents’ school policy and §10-222d, G.S., that require each school to maintain a list of the number of verified acts of bullying in such school and make such list available for public inspection.

     9. It is found that the public schools in Granby had not begun to comply with the requirements described in paragraph 8, above, and therefore did not, and furthermore, do not have the lists requested by the complainant.

     10. Based on the facts and circumstances of this case, it is found that the respondents did not violate the FOI Act as alleged by the complainant.

     11. It is found, however, that in an effort to provide the complainant with the information he sought, the respondents created and provided him with a document that included the number of verified acts of bullying in each of the Granby public schools.

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

     1. The complaint is hereby dismissed.

     Approved by Order of the Freedom of Information Commission at its regular meeting of June 13, 2012.

_________________________
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:

Terry Wright
83 Northwoods Road
North Granby, CT  06060

Superintendent, Granby Public
Schools; and Board of Education,
Granby Public Schools
c/o Thomas B. Mooney, Esq.
Shipman & Goodwin LLP
One Constitution Plaza
Hartford, CT  06103-1919

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2011-327/FD/cac/6/13/2012