Reconsideration Order R-980006

Appeal M-9700249

Order M-1056

Prince Edward County Board of Education

This sets out my decision on the request for reconsideration of Order M-1056

Subsequent to the issuance of Order M-1056, I received a letter from the appellants requesting that I reconsider my order on the grounds that the evidence which I relied upon in reaching my decision can be rebutted and is inaccurate.

The IPC’s policy on reconsideration provides as follows:

A decision maker may reconsider a decision where it is established that:

(a) there is a fundamental defect in the adjudication process;

(b) there is some other jurisdictional defect in the decision; or

(c) there is a clerical error, accidental error or omission or other similar error in the decision.

A decision maker will not reconsider a decision simply on the basis that new evidence is provided, whether or not that evidence was obtainable at the time of the decision.

In assessing the merits of your request for reconsideration I have taken into account the policy and all of the circumstances of this case.

The sole issue which was to be determined in Order M-1056 was whether the Board’s search for records responsive to your request was reasonable. You made detailed submissions with respect to your reasons for believing that additional records should exist. The Board made similar representations outling the areas searched and the results achieved in locating responsive records. Based on my review of the submissions of the parties, I was, and remain, of the view that the Board’s search was reasonable. None of the information which you have provided to me with your January 15, 1998 letter would lead me to any different conclusion.

In my view, the request for reconsideration does not fit within any of the grounds for reconsideration set out in the policy. Accordingly, I have decided to decline the request.

Original signed by: January 20, 1998 Donald Hale

Inquiry Officer