FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Constantine L. Tsingris,

 

                        Complainant,

 

            against              Docket #FIC 90-38

 

Connecticut Correctional Center at Cheshire,

 

                        Respondent                  August 22, 1990

 

            The above-captioned matter was heard as a contested case on May 17, 1990, at which time the complainant and the respondent appeared, stipulated to certain facts 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  By letter dated January 9, 1990, the complainant requested that the respondent provide him with copies of his payroll record for 1985 through 1988, including information on:

 

            a.  how many hours he worked,

            b.  the amount of leave time he accrued,

            c.  when the leave time he used was subtracted from the

    total earned,

            d.  the amount withheld for his income and social security

    taxes,

            e.  and any special payments, such as longevity payments

    and meal allowances.

 

            3.  The respondent did not respond to the complainant's request.

 

            4.  The complainant appealed to the Commission by letter filed Janaury 29, 1990.

 

            5.  It is found that the respondent did not respond in writing to the complainant's request within four business days of receiving it.

 

            6.  Thus it is concluded that the respondent violated 1-21i(a), G.S., by failing to respond to a written request for records within four business days.

 

Docket #FIC 90-38                             Page Two

 

            7.  It is found that all the requested records are public records as defined by 1-18a(d), G.S.

 

            8.  At the hearing on this matter, the respondent provided the complainant with some 35 pages of records meeting the description in paragraph 2, above.

 

            9.  It is found, therefore, that the respondent took four months to provide the complainant with access to the records.

 

            10.  It is concluded that the respondent did not provide the complainant with prompt access to the requested records.

 

            11.  Thus it is concluded that the respondent violated 1-15 and 1-19(a), G.S., by failing to give the complainant prompt access to public records.

 

            12.  It is found that the only relevant records the respondent did not provide to the complainant are his individual time and attendance cards, although he did receive the summaries of those cards, each of which covers a full year's attendance.

 

            13.  It is found that providing the complainant with his individual time sheets would require the respondent to search manually through some one thousand similar records.

 

            14.  It is concluded that providing the complainant with his time sheets would require the respondent to do research beyond the requirements of the Freedom of Information Act.

 

            The following order of the Commission is hereby recommended based on the complete record in the above-captioned complaint:

 

            1.  The respondent henceforth shall act in strict compliance with 1-15, 1-19(a) and 1-21i(a), G.S., providing prompt access to public records and responding in writing within four business days to all written requests for records.

 

            2.  The respondent forthwith shall allow the complainant access to inspect the requested payroll records more fully described above among which his own are stored and provide him with copies of those records he locates that he would like copied.  In complying with this paragraph of the order, the respondent shall permit the complainant's wife and accountant to accompany him during his inspection.

 

            3.  The respondent shall post a copy of the final decision in this matter for 30 days in a place where it will be conspicuous to the respondent's officers and employees.

 

Docket #FIC 90-38                             Page Three

 

Approved by order of the Freedom of Information Commission at its regular meeting of August 22, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-38                             Page Four

 

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:

CONSTANTINE L. TSINGRIS

c/o Michael J. Laden, Esq.

Jacobs and Jacobs, P.C.

71 Catlin Street - Suite 204

P.O. Box 193

Meriden, CT 06450

 

CONNECTICUT CORRECTIONAL CENTER AT CHESHIRE

c/o Martin Rosenfeld

Assistant Attorney General

MacKenzie Hall

110 Sherman Stret

Hartford, CT 06105

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission