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Final Decision FIC2012-247
In the Matter of a Complaint by
FINAL DECISION
Analiese Paik,
     Complainant
     against
Docket #FIC 2012-247
Superintendent of Schools, Fairfield
Public Schools; Director of Curriculum,
Instruction and Assessment, Fairfield Public
Schools; and Fairfield Public Schools,
     Respondents
October 24, 2012

     The above-captioned matter was heard as a contested case on September 19, 2012, at which time the complainant and the respondents appeared 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, by email dated March 29, 2012, the complainant requested that the respondents answer certain questions, numbered 1 – 10, about the program for gifted and talented students at the Town of Fairfield’s three middle schools.  It is found that, in response, the respondents created a document that included the answers to all 10 questions and provided it to the complainant.  It is found that, by email dated April 26, 2012, the complainant made a request to the respondents for records pertaining to questions 4 – 10 listed in her March 29th email (the “April 26th request”).
     3.  It is found that, by email dated May 9, 2012, the respondent director informed the complainant that an end-of-year evaluation of the gifted and talented program would be conducted, and that if more information responsive to her request became available through that process, such information would be shared with her.  The May 9th letter further informed the complainant that the information previously sent to her [in response to her March 29th email] “sufficiently responded to her request.”
     4.  By email dated and filed May 9, 2012, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (FOI) Act by failing to comply with the April 26th request for records, described in paragraph 2, above. 
     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 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 . . . (3) receive a copy of such records in accordance with section 1-212.  (Emphasis added).
     7.  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.”
     8.  It is found that the records responsive to the April 26th request, to the extent they exist, are public records, within the meaning of §§1-200(5) and 1-210(a), G.S.
     9.  It is found that the 2011-2012 school year was the first year that the gifted and talented program was implemented at the Fairfield Public School’s middle schools.  It is found that a subcommittee of educators and parents, including the complainant, worked for a year to design the program, and to develop specific components of such program.  However, it is further found that, during the 2011-2012 school year, some of the components of the program at the middle school attended by the complainant’s son were not implemented.
     10.  With regard to the records that are the subject of the April 26th request, it is found that the respondents did not maintain such records as of the date of such request. 
     11.  Based upon the foregoing, it is concluded that the respondents did not violate the FOI Act as alleged in the complaint.
     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 October 24, 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:
Analiese Paik
125 Sky Top Terrace
Fairfield, CT  06825
Superintendent of Schools, Fairfield
Public Schools; Director of Curriculum,
Instruction and Assessment, Fairfield Public
Schools; and Fairfield Public Schools
Warren L. Holcomb, Esq.
Berchem, Moses & Devlin, P.C.
75 Broad Street
Milford, CT  06460

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
FIC/2012-247/FD/cac/10/24/2012