FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Helen McKee Dodge,
Complainant
against Docket
#FIC 88‑288
Judge of Probate of the Town
of Winchester,
Respondent October
26, 1988
The above‑captioned matter was heard as a contested
case on August 23, 1988, at which time the complainant appeared, but the
respondent failed to appear.
After consideration of the entire record, the following
facts are found:
1. It is
found that the respondent is a public agency within the meaning of §1‑18a(a),
G.S. with respect to his administrative functions.
2. In
October, 1987, the Winsted probate court, pursuant to §§46a‑20(a) and
(c), G.S., appointed the commissioner of the State of Connecticut Department of
Human Resources to be the conservator of the person for Emma McKee, the
complainant's mother.
3. By letter
dated June 23, 1988 the complainant made a request of the respondent for
information concerning Emma McKee. In
her letter, the complainant posed a series of questions, such as "What are
[Emma McKee's] conservators being paid?
What are they doing for her?" and "Does she have a will? How come my brother seems to know about
it?"
4. By letter
of complaint filed with the Commission on July 6, 1988 the complainant appealed
the respondent's failure to respond to her request for information.
5. It is
found that the complainant's June 23, 1988 letter to the respondent was largely
a request for information, not a request for access to inspect or copy public
records within the meaning of §§1‑15 and 1‑19(a), G.S.
6. It is
found that nothing in the Freedom of Information Act requires a public agency
to respond to questions or otherwise supply information which does not exist in
recorded form.
Docket #FIC 88‑288 Page
Two
7. However,
the complainant's June 23, 1988 letter was also a request for records
maintained by the respondent concerning Emma McKee.
8. The
respondent having failed to appear at hearing, also failed to offer any proof
that the requested information is exempt from disclosure by any provision of
the Freedom of Information Act, other state statute or federal law.
9. It is
concluded that the respondent violated §§1‑15 and 1‑19(a), G.S.
when he failed to provide the complainant with records pertaining to Emma McKee
prepared, owned, used, received or retained pursuant to his administrative
functions.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above‑captioned
complaint.
1. The
respondent forthwith shall provide the complainant with access to inspect or
copy records pertaining to Emma McKee prepared, owned, used, received or
retained pursuant to his administrative functions.
Approved by order of the Freedom of Information
Commission at its special meeting of October 26, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission