The above-captioned matter was consolidated for hearing with Docket #FIC 2014-834; Bradshaw Smith v. Christina Santos, President, Board of Education, Windsor Public Schools; and Board of Education, Windsor Public Schools.  Both matters were heard as contested cases on May 20, 2015, 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)(A), G.S.

     2.  It is found that, by letter dated October 6, 2014, the complainant made a request to respondent Santos for a copy of the “proposed agenda for the coming October 21, 2104 [sic] Board of Education meeting, as distributed at the Executive Committee meeting of September 29, 2014.”

     3.  It is found that, by letter dated October 16, 2016 [sic] and filed with the Commission on October 16, 2014, the complainant appealed to the Commission, alleging that the failure of the respondents to provide requested records violated the Freedom of Information Act (“FOIA”).  The complaint also requested the imposition of civil penalties against four named public officials.

     4.  Section 1-200(5), G.S., provides:

     5.  Sections 1-210(a) and 1-212(a), G.S., state, respectively, in relevant parts:

     6.  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.

     7.  It is found that the respondent Executive Committee held a publicly noticed meeting on September 29, 2014 for the purpose of determining the agenda for the meeting of the full Board of Education on October 21, 2014.  At the September 29, 2014 meeting of the respondent Executive Committee, copies of a proposed agenda for the October 21, 2014 meeting of the full Board were distributed for discussion.  (There was some evidence that the complainant attended a portion of this September 29, 2014 meeting and that there were no extra copies of the proposed agenda to give to the complainant).

     8.  It is also found that the respondents never acknowledged the complainant’s October 6, 2014 request and never furnished him with a copy of the proposed agenda that was considered at the September 29, 2014 meeting of the respondent Executive Committee.  (The complainant was provided with a copy of the final agenda at the October 21, 2014 meeting of the full Board of Education.  There was some evidence that the final agenda was substantively nearly identical to the proposed agenda, with no items deleted from the proposed agenda and a couple of items added to the final agenda. Indeed, respondents’ counsel argued that the electronic copy of the proposed agenda might have been overwritten when the final agenda was prepared).

     9.  It is concluded that the respondents violated §§1-210(a) and 1-212(a), G.S., by failing to provide the complainant with a copy of the proposed agenda which they maintained at the time of the request, at least in the form of a paper copy.

     10. Given the substantially similar substance of the proposed agenda and the final agenda for the October 21, 2014 meeting of the Board of Education, which final agenda the complainant did ultimately receive, the Commission declines to order the imposition of a civil penalty.

     11. The complainant testified at the hearing that the respondent Executive Committee, following its November 3, 2014 meeting, has been providing copies of the proposed agendas to members of the public at their meetings.  The Commission commends the respondents for making public records promptly available.
         
     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

     1.  The respondents shall forthwith provide to the complainant a copy of the proposed agenda considered at the September 29, 2014 meeting of the respondent Executive Committee, if a copy is still maintained.  If a copy of the proposed agenda is not still maintained, the respondents shall write a letter to the complainant so stating.

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.

THE PARTIES TO THIS CONTESTED CASE ARE:

Bradshaw Smith
23 Ludlow Road
Windsor, CT  06095

Anna Christina Santos, Chairperson, Executive Committee,
Board of Education, Windsor Public Schools; Executive Committee,
Board of Education, 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/2014-857/FD/cac/7/22/2015