FOI Complaint. Scott Coleman

Transcription

1 21 New Britain Ave, Suite 102 Rocky Hill, CT Scott Coleman FOI Complaint To: FOI Commission From: Scott Coleman CC: Rocky Hill Superintendent of Schools, Jeffrey Villar Date: June 22, 2009 Re: Four complaints follow Complaint #1: On March 6 th (again on 3/11, 3/26) complainant filed an annual, standing request with the Rocky Hill Superintendent of Schools office to be ed agendas for all upcoming school committee and board meetings. Initially the superintendent, Jeffrey Villar, denied this statutory right, but after being presented with the statute, he acquiesced. The superintendent, while being fullyaware of this request, failed to notify complainant of the May 17 th. Board of Ed Meeting. In so not honoring the request, complainant alleges that the superintendent violated Section of the FOI statute, thus denying complainant a timely opportunity to address the Board of Ed regarding important budgetary issues On May 26 th complainant became aware of this missed meeting and notified the Superintendent s secretary of the failure of notification. Applicable law: Sec The public agency shall, where practicable, give notice by mail of each regular meeting, and of any special meeting which is called, at least one week prior to the date set for the meeting, to any person who has filed a written request for such notice with such body, except that such body may give such notice as it deems practical of special meetings called less than seven days prior to the date set for the meeting. Any request for notice filed pursuant to this section shall be valid for one year from the date on which it is filed unless a renewal request is filed Complaint #2: On May 26 th complainant requested of the superintendent of school s secretary, Christine Flynn, via , copies of previous meeting minutes and the corresponding meeting working notes. On May 27 th that request was forwarded on to the superintendent, Jeffrey Villar. It was the complainant s intention to post these documents on myrockyhillps.com, for the benefit of the public. The Superintendent failed to respond, thus denying complainant s reasonable and valid request. It is the allegation of the complainant that the superintendent violated Section of the FOI statute. Applicable law: Sec , 211 Sec (a) Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, 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 Sec Disclosure of computer-stored public records. (a) Any public agency which maintains public records in a computer storage system shall provide, to any person making a request pursuant to the Freedom of Information Act, a copy of any nonexempt data contained in such records, properly identified, on paper, disk, tape or any other electronic storage device or medium requested by the person. Complaint #3: On June 16 th complainant requested of the Rocky Hill superintendent of schools, via , copies of documents and postings to the school s website covering the past sixty days, including but not limited to those postings of Marguerite Alpert. It is assumed that these are relatively few in number, but hard to find on the schools site. It was the complainant s intention to post these documents on myrockyhillps.com, for the benefit of the public. The Superintendent failed to respond, thus denying complainant s reasonable and valid request. It is the allegation of the complainant that the superintendent violated Section of the FOI statute. Applicable law: Sec , 211(see above)

2 Complaint #4: On June 1 st complainant appealed to Rocky Hill superintendent of schools, requesting the reimbursement of ~$40 which had been previously paid for hard copies of invoices and a leasing contract. The complainant had requested these documents with the intention of saving taxpayers from wasteful spending, as well as identifying and correcting wrongdoing on the part of school administration in purchasing. Complainant had hoped to receive reimbursement on the grounds that (a) the request overwhelmingly benefits the general welfare (section 1-212), as it succeeded in saving taxpayers tens of thousands of future dollars, and (b) that the written request was specific in requesting a viewing of a lease document, not in providing copies. Complainant is an expert in the area of computers and technology. Complainant requested hard copies of specific invoices and to view documentation of a computer leasing arrangement entered into by the department of education. Both were provided in hard copy format. Upon review of the documents, complainant discovered that the dept. of education was purchasing toner and ink at up to six times the market rate (excluding shipping), and that the department, in not abiding by the mandated bid process, had violated both the Town Charter and Board of Ed Policies. Complainant was made aware by town officials that the leasing agreement may also have violated the Town Charter. Complainant sought reimbursement relying on two premises a) Complainant had requested reimbursement in consideration that he had saved the department/taxpayers ten s of thousands of future dollars, and had alerted both the town and school to a practice which violated local ordinances and policies. b) Complainant had requested merely to view (see attached ) the leasing document. When presented with hard copies and a demand for payment, complainant was at a disadvantage, as he did not have the original request in front of him. He initially accepted and paid for the hard copy. Upon reviewing the original request, he realized that the request was only for a viewing. He subsequently returned the hard copies and requested a refund. The Superintendent failed to respond the request for reimbursement, in effect denying the request. While complainant understands that the FOI Commission may not be able to compel reimbursement, complainant asks that the commission hear the complaint and make a finding in order to permit the complainant to further seek remedies through civil litigation. Applicable law: Sec Sec Copies of public records, fees. (a) Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record. The fee for any copy provided in accordance with the Freedom of Information Act: By all other public agencies, as defined in section 1-200, shall not exceed fifty cents per page The fee for any copy provided in accordance with subsection (a) of section shall not exceed the cost thereof to the public agency. In determining such costs for a copy, other than for a printout which exists at the time that the agency responds to the request for such copy, an agency may include only: Comments: The public agency shall waive any fee provided for in this section when: In its judgment, compliance with the applicant's request benefits the general welfare Complainant has above documented several alleged violations of the Free of Information Statute. It is not felt that the requests made have been excessive or unreasonable, and that they are in the best interest of the public. It rather appears here to be a pattern of disregard for FOIA. The superintendent it would seem is responding personally rather than professionally to simple information requests. Complainant has had no such resistance to requests made of the department from the former superintendent since 2001, when complainant began making such requests. Additionally, complainant has had no issues with the municipal side of Rocky Hill town government over the past five years. Since the complainant has had no luck in obtaining responses from the department, or in curing such failure to comply, complainant feels that maybe it s time for this complaint to be heard by the commission, and fines assessed accordingly. Exhibits attached/follow Page 2

3 Page 1 of 1 pcamerica@snet.net From: Sent: To: Christine Flynn [FlynnC@ROCKYHILLPS.com] Wednesday, March 11, :58 AM 'myrockyhill@snet.net' Subject: RE: 2nd Request. FW: Meeting Minutes The next Finance Committee Meeting is tentatively scheduled for Monday, April 6th at 6:00 p.m. Christine B. Flynn Office of the Superintendent 761 Old Main St. P.O. Box 627 Rocky Hill, CT (860) , ext. 162 From: myrockyhill@snet.net [mailto:myrockyhill@snet.net] Sent: Wednesday, March 11, :41 AM To: Christine Flynn Subject: 2nd Request. FW: Meeting Minutes Christine, Did I miss your response? Scott From: pcamerica@snet.net [mailto:pcamerica@snet.net] Sent: Friday, March 06, :51 PM To: 'Christine Flynn' Subject: RE: Meeting Minutes Christine, When is the next Finance Committee meeting scheduled? Would you be kind enough to make sure that I am on the list for agendas and minutes for all BOE committees and subcommittees? Thanks Scott File: Education,FOI Version: / Virus Database: / Release Date: 03/10/09 07:19:00 Page 1 6/22/2009

4 6/22/2009 Page 1 of 1 pcamerica@snet.net From: Sent: To: myrockyhill@snet.net Tuesday, March 17, :49 PM 'Jeffrey Villar' Subject: FOI Request: Meetings Minutes & Agendas, school documents Jeff, Would be kind enough to make sure that I am sent via copies of agendas and minutes for all BOE committees and subcommittees? Additionally, I would like to receive via copies of any school newsletters, and parent or student information, along with any press releases (as well as photos submitted to other media), or other announcements, etc. prepared electronically. I will endeavor to post same to myrockyhillps.com so that in years-to-come it will be publicly available. We can discuss anything which you feel will be too burdensome on the system. Let me know. Thanking you in advance, Scott Page 2

5 6/22/2009 Page 1 of 2 pcamerica@snet.net From: Jeffrey Villar [VillarJ@ROCKYHILLPS.com] Sent: Wednesday, April 01, :19 PM To: pcamerica@snet.net Cc: Christine Flynn; Marian Hourigan Subject: RE: FOI request dated 3/17/09 Good Afternoon, Our procedures for sending you the agenda prior to each meeting have not changed nor will they. Moreover, I will be glad to add you to our distribution list for electronic documents that are sent to parents. Sincerely, Jeffrey A. Villar, Ph.D. Superintendent Tel From: pcamerica@snet.net [mailto:pcamerica@snet.net] Sent: Thursday, March 26, :54 PM To: Jeffrey Villar Subject: FOI request dated 3/17/09 Dear Jeff, In response to your comments regarding my ed FOI request of March 17th, please note: As a matter of course, my practice is to refuse mail for which I must sign, as it is an inconvenience, often forcing a trip to the Post Office. I accepted your communication as a courtesy because I had staff in the office when it arrived, and I knew it was from you. If you wish to contact me, please do so via or ground mail. Either/or have served me well the past 24 years in business. I am well familiar with FOIA, as I have proposed FOIA legislation, and have testified before the GAE committee, just recently, concerning proposed revision to the statute. I support and appreciate the transparency and openness it facilitates. Over the past eight years, both the municipal government, as well as education, have provided (via ) agendas and minutes as a rule, automatically, thereby saving me the trouble and formality of an FOI request for each and every meeting, and them the responsibility of a response (along with the resulting consequences for failure to do so). It was considered easiest and best for all. It kept FOI complaints to a minimum. Involving teachers, principals, staff, BOE members and expensive attorneys in FOI complaints is what, I m sure, we would both prefer to avoid. I would suggest just adding my name to a distribution list for agendas, minutes & working notes, as had been the previous practice (on the town side as well). Why he system changed, I know not. You have been improperly advised. As per the FOIA statute, agendas may indeed be requested in advance. Please provide same. is preferred. Sec The public agency shall, where practicable, give notice by mail of each regular meeting, and of any special meeting which is called, at least one week prior to the date set for the meeting, to any person who has filed a written request for such notice with such body, except that such body may give such notice as it deems practical of special meetings called less than seven days prior to the date set for the meeting. Any request for notice filed pursuant to this section shall be valid for one year from the date on which it is filed unless a renewal request is filed. Page 3

6 6/22/2009 Page 2 of 2 As per the second part of my request: Additionally, I would like to receive via copies of any school newsletters, and parent or student information, along with any press releases (as well as photos submitted to other media), or other announcements, etc. prepared electronically. This can be handled either the easy way or the hard way, which would inconvenience both myself, as well as your staff. Easy we can agree on a limited list of materials, and they would be automatically ed by those responsible. If you provide the list, I can select from it. Hard I can request, weekly, any and all materials which have been distributed by the schools and your office. This would place a far greater burden, as well as an FOI responsibility, on the system. I fully understand and respect the exemptions as detailed under Sec of the FOIA statute, and as well under FERPA. Again, this is not intended as punishment, or to burden the system, but as a public service. I assure you that it will be more work for myself. If the appropriate, centralized IT document storage, retrieval, and distribution system was in place, this would all be as simple as adding my name. I hope you are not giving this request more attention than it deserves. I thank you for your time and consideration, Scott Coleman Version: / Virus Database: / Release Date: 04/01/09 06:06:00 Page 4

7 Page 1 of 1 pcamerica@snet.net From: Christine Flynn [FlynnC@ROCKYHILLPS.com] Sent: Thursday, May 28, :37 AM To: 'pcamerica@snet.net' Subject: BOE Meeting Agenda Hi Scott, I checked with Janis and she did not receive the last meeting agenda either. I posted it with the Town Clerk and on our website, but forgot to send it to Janis to post it on the Town Website. Once again, I'm sorry for the inconvenience. Chris Christine B. Flynn Office of the Superintendent 761 Old Main St. P.O. Box 627 Rocky Hill, CT (860) , ext. 162 Version: / Virus Database: / Release Date: 05/27/09 07:50:00 Page 5 6/22/2009

8 Page 1 of 3 pcamerica@snet.net From: Sent: To: Christine Flynn [FlynnC@ROCKYHILLPS.com] Wednesday, May 27, :10 PM 'pcamerica@snet.net' Subject: RE: FOI request Hi Scott, I will forward your request to Dr. Villar. Chris Christine B. Flynn Office of the Superintendent 761 Old Main St. P.O. Box 627 Rocky Hill, CT (860) , ext. 162 From: pcamerica@snet.net [mailto:pcamerica@snet.net] Sent: Wednesday, May 27, :09 PM To: Christine Flynn Subject: RE: FOI request Hi Christine, Sorry to hear that you do not post on the town site as well. There're plenty of folks who aren't parents who should have access through that site as well. In any case, the organization of the minutes, motions, and working notes (if any) on the school site is way too confusing. There is no order or sorting by date and working notes for the Board are not posted (at least not as I can determine). I have no interest in trying to figure out what is what, so I will renew my request to have 2009 motions/minutes and working notes ed, as per the existing FOI statute (see below). The past administration had always complied, as did and still does the town. In fact, the town provides a mailbox as well as a printed copy of the Council packet as a courtesy (all without charge). I don't know what has prompted the change or reticence to continue. I appreciate the offer of the DVD for the missed meeting, but I can record it off public access. Thanks anyway. If you can provide some verification of the ing to me of the agenda, it should prevent filing of an FOI complaint. Your cooperation greatly appreciated, Scott P.S. You might want to check the following document. I think someone has created a new calendaring system: MINUTES BOE Finance doc FOI Statute:(pertinent references) Page 6 6/22/2009

9 6/22/2009 Page 2 of 3 Sec Access to public records. (a) Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, 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 Sec Disclosure of computer-stored public records. Contracts. (a) Any public agency which maintains public records in a computer storage system shall provide, to any person making a request pursuant to the Freedom of Information Act, a copy of any nonexempt data contained in such records, properly identified, on paper, disk, tape or any other electronic storage device or medium requested by the person,. From: Christine Flynn [mailto:flynnc@rockyhillps.com] Sent: Wednesday, May 27, :12 AM To: 'pcamerica@snet.net' Subject: RE: FOI request Hi Scott, I no longer have the town post our minutes and working notes as they are posted on our website. They are in PDF form, so you have access to them there. I only send our agendas to the town for posting. I'll check with Janis to see when I sent the agenda to her. Sorry for the inconvenience. I'd be happy to ask for a copy of the meeting on DVD for you to have. Chris Christine B. Flynn Office of the Superintendent 761 Old Main St. P.O. Box 627 Rocky Hill, CT (860) , ext. 162 From: pcamerica@snet.net [mailto:pcamerica@snet.net] Sent: Tuesday, May 26, :20 PM To: Christine Flynn Subject: FOI request Hi Christine, Thanks for the attached. Would you perhaps have the date that you ed the May BOE Mtg agenda. I have no record of receipt and missed the meeting assuming it was not to be. Also, would you be kind enough to the minutes and working notes for all Jan - May meetings? In the future, it might just be easier if you ed them when you send them to the webmasters for posting. Thanks Scott ;-) From: Christine Flynn [mailto:flynnc@rockyhillps.com] Page 7

10 6/22/2009 Page 3 of 3 Sent: Tuesday, May 26, :11 PM To: JNowakowski; JSapia; SColeman; Scott Coleman; TABS; WCone Subject: Post Agendas for BOE Subcommittees - Facilities & Curriculum Hello, Please post the attached agendas for BOE Subcommittee Meetings: Facilities Committee - Wednesday, May 27, 2009 at 6:30 p.m. Curriculum Committee - Thursday, May 28, 2009 at 6:30 p.m. Thank you. Christine B. Flynn Office of the Superintendent 761 Old Main St. P.O. Box 627 Rocky Hill, CT (860) , ext. 162 Version: / Virus Database: / Release Date: 05/26/09 08:53:00 Version: / Virus Database: / Release Date: 05/27/09 07:50:00 Version: / Virus Database: / Release Date: 05/27/09 07:50:00 Page 8

11 6/22/2009 Page 1 of 2 pcamerica@snet.net From: Sent: To: myrockyhill@snet.net Tuesday, June 16, :50 PM myrockyhill@snet.net Subject: FOI request Jeff, Please have ed a copy of the stories Marguerite has written for the Post as well as those appearing on the schools website within the past 60 days. Your cooperation greatly appreciated, Scott Coleman From: myrockyhill@snet.net [mailto:myrockyhill@snet.net] Sent: Friday, June 12, :28 PM To: 'Jeffrey Villar' Subject: Press Communications Jeff, I saw another story penned by Marguerite appeared in the Post. I had not been copied on this release, as per the memo below. Can you see that I receive a copy of this story as well as those in the future? Much appreciated Scott From: Jeffrey Villar [mailto:villarj@rockyhillps.com] Sent: Monday, April 13, :36 AM To: myrockyhill@snet.net Cc: Christine Flynn Subject: RE: Press Communications Hello, I have directed Marguerite to send you copies of all press releases. Sincerely, Jeffrey A. Villar, Ph.D. Superintendent From: myrockyhill@snet.net [mailto:myrockyhill@snet.net] Sent: Friday, April 10, :06 PM To: Jeffrey Villar Page 9

12 6/22/2009 Page 2 of 2 Subject: FW: Press Communications Jeff, I have twice requested of Marguerite Alpert to provide me with the same press releases she makes available to other media. It was I who assisted her in establishing her current relationship with the Post 18 months ago. Quite frankly, the Post is lucky if it is read by several hundred a week, while myrockyhillps.com can attract that many guests within an hour (see image attached ). Additionally, we are in the process of developing a weekly newsletter which will be ed out to over 3,500 Rocky Hill households weekly. I would greatly appreciate if you could assist us here without generating any animosity. You consideration is greatly appreciated, Scott Coleman Version: / Virus Database: / Release Date: 04/13/09 05:51:00 Page 10

13 Scott Coleman Memo To: Board of Education, Finance Committee From: Scott Coleman Date: June 1 st 2009 Re: Reimbursement I am herewith requesting reimbursement in the amount of forty-two dollars ($42.00) covering copies requested. under FOI, with potential benefit in savings of from $10K to $160K+ for Rocky Hill taxpayers. I feel that the potential rewards far exceed the cost incurred, and that the time and effort expended on my part, in an effort to assist the Board, as well as the public, more than warrant honoring this request. Additionally, as per the attached copy of an from myself to Director Connolly, I requested to view the documentation he provided, not that copies be made. I accepted the copies from him at our meeting, as I did not have the benefit of having my in front of me at that time. Under FOI, please note as below that these charges are not mandatory and may be waived. I hope that you will consider this in the future. Incidentally, Dr, Vautour never charged for copies. Sec Copies of public records, fees. (a) Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record. The fee for any copy provided in accordance with the Freedom of Information Act: By all other public agencies, as defined in section 1-200, shall not exceed fifty cents per page The fee for any copy provided in accordance with subsection (a) of section shall not exceed the cost thereof to the public agency. In determining such costs for a copy, other than for a printout which exists at the time that the agency responds to the request for such copy, an agency may include only: The public agency shall waive any fee provided for in this section when: (3) In its judgment, compliance with the applicant's request benefits the general welfare Thanking you in advance for your consideration. Scott Coleman 1 Page 11

14 Page 1 of 1 pcamerica@snet.net From: Sent: To: Cc: Christine Flynn [FlynnC@ROCKYHILLPS.com] Thursday, April 09, :49 AM 'pcamerica@snet.net' Jeffrey Villar; Frank Connolly Subject: RE: FOI Request: Invoice Thanks Scott. I see you copied Frank - he is the one who will coordinate all of this for you. Please send any further requests for budget information to him directly. Chris Christine B. Flynn Office of the Superintendent 761 Old Main St. P.O. Box 627 Rocky Hill, CT (860) , ext. 162 From: pcamerica@snet.net [mailto:pcamerica@snet.net] Sent: Wednesday, April 08, :48 PM To: Christine Flynn Cc: Frank Connolly Subject: FOI Request: Invoice Chris, Barbara asked that I memorialize my request for documentation: I would like to view the following: 1) All technology lease POs as well as the corresponding invoices covering those computers now in our schools. 2) All documentation including but not limited to invoices in our files covering our Microsoft software licensing, on Microsoft software the schools use. This may be 8 years worth.. 3) The budget summary pages covering technology purchases for the past eight years. These to include toner & ink purchases (might be covered under another category other than technology) Let me know if anything above would prove too burdensome on the system. Your cooperation is greatly appreciated. I believe that these efforts can result in savings for Rocky Hill as well as other districts across the state. Thanking you and Barbara in advance, Scott Version: / Virus Database: / Release Date: 04/09/09 10:27:00 Page 12 6/22/2009