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Final Decision FIC2013-567
In the Matter of a Complaint by
FINAL DECISION
Dawn Llewellyn,
     Complainant
     against
Docket #FIC 2013-567
Superintendent of Schools,
Fairfield Public Schools;
Deputy Superintendent of Schools,
Fairfield Public Schools; and
Fairfield Public Schools,
     Respondents
July 9, 2014

     The above-captioned matter was heard as a contested case on April 7, 2014, 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 of complaint filed September 24, 2013, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by:
a. Releasing copies of emails between her husband and the respondents to William Gerber, the husband of a Fairfield Board of Education member, as part of a campaign to discredit the complainant’s husband’s candidacy for the Fairfield Board of Education;
b. Failing to charge the initial requester of the emails for the copies, and spending significant time and public funds to provide the emails to the initial requester;
c. Overstating the number of emails between her husband and the respondents;
d. Releasing information protected by the Family Educational Rights and Privacy Act (“FERPA”);
e. Failing to provide copies of the released emails and associated correspondence to the complainant.
     3.  It is found that the complainant, by email dated August 5, 2013, requested copies of the initial request by William Gerber for the emails between the respondents and John and Dawn Llewellyn; the correspondence related to that request; a count of the emails released; and a copy of all emails from either John or Dawn Llewellyn released to Gerber.
     4.  It is found that the respondents provided the released emails on August 13, 2013, and the related correspondence on August 20, 2013. It is also found that the respondents provided a small number of additional documents on August 22, 2013.
     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) 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.”
     8.  It is concluded that the requested records are public records within the meaning of §§1-200(5), 1-210(a) and 1-212(a), G.S.

     9.  It is found that all of the requested records were provided promptly.
     10. It is concluded that the complainant’s remaining allegations do not state a violation of the FOI Act.
     11. It is therefore 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 9, 2014.
__________________________
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:
Dawn Llewellyn
524 Sturges Road
Fairfield, CT  06824
Superintendent of Schools, Fairfield Public Schools;
Deputy Superintendent of Schools, Fairfield Public
Schools; and Fairfield Public Schools
c/o Joshua J. Wyatt, Esq.
Durant, Nichols, Houston, Hodgson & Cortese-Costa, P.C.
1057 Broad Street
Bridgeport, CT  06604

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-567/FD/cac/7/9/2014