FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Dominic Vincenzo,

Complainant

against Docket #FIC 87-15

Chairman of the Board of Paroleof the State of Connecticut and Board of Parole of the State of Connecticut,

Respondents March 25, 1987

The above-captioned matter was heard as a contested case on March 2, 1987, 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:

1. The respondents are public agencies within the meaning of 1-18a(a), G.S.

2. By letter dated November 20, 1986 the complainant made a request of the respondent chairman for certified copies of all public records on file with the respondent board "concerning any inmate in the custody of the commissioner of correction who has appeared before the Board of parole for parole release consideration between June 30, 1976 and August 25, 1986."

3. By letter of complaint filed with the Commission on December 2, 1986 the complainant appealed the denial of his request for records. The complainant asked that the respondent be required to provide the requested records at no cost, pursuant to 1-15, G.S.

4. It is found that approximately 18,000 parole hearings were held during the 10-year period in question.

5. To retrieve the records requested, the respondents would have to create a list of the persons who appeared before the respondent board during such 10 years and identify, from such list, those persons still in the custody of the Department of Corrections. Only after conducting such a procedure could the respondents begin to compile the records requested by the complainant.

Docket #FIC 87-15 Page Two

6. It is found that the research necessary to comply with the complainant's request is not required by any provision of the Freedom of Information Act.

7. It is concluded that the respondents' failure to comply with the complainant's request did not violate 1-15 or 1-19(a), G.S.

8. The Commission does not need to address the respondents' claims that the requested information is exempt from disclosure, that necessary masking of information would be impermissibly burdensome or that the complainant, as an inmate, would not be permitted by prison authorities to receive the information.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

1. The complaint is hereby dismissed.

2. The Commission notes that the above-captioned complaint was dismissed solely on the ground that the Freedom of Information Act does not require a public agency to conduct research in order to provide access to records. Such dismissal shall not be construed as an indication that the requested information is exempt from disclosure, that editing of the documents would be impermissibly burdensome or that the complainant's status as an imate affects his ability to receive documents under the Freedom of Information Act.

Approved by order of the Freedom of Information Commission at its regular meeting of March 25, 1987.

ÿ

Karen J. Haggett

Clerk of the Commission